REESE, DONALD EDWARD

General Information

DOB: May 7, 1943
Race: White
Gender: Male

Crime and Trial

County of conviction: Jefferson
Number of counts: Two (plus two additional non-capital homicide counts)
Race of victim: White/white
Gender of victim: Male/male
Date of crime: September 9, 1986
Date of sentencing: May 10, 1988
Date of execution: August 13, 1997

Legal status:

Trial Counsel:
Mark Kempton

Last counsel of record:
Charles C. Maas
Almond & Williams
284 Second St., P.O. Box 386
Hillsboro, MO 63050
314-789-3388

Marta H. Tilney
1750 S. Brentwood, Suite 203
St. Louis, MO 63144
314-968-1122

Last judicial decision:

--Application for writ of habeas corpus (pursuant to U.S. Supreme Court original jurisdiction) and stay of execution denied by In re Reese, 521 U.S. 1139 (1997).

Reported opinions:

--Conviction, sentence, and denial of post-conviction relief affirmed by State v. Reese, 795 S.W.2d 69 (Mo. banc 1991), cert. denied, 498 U.S. 1110 (1991).

--Denial of habeas corpus affirmed by Reese v. Delo, 94 F.3d 1177 (8th Cir. 1996), cert. denied, 520 U.S. 1257 (1997).

--Application for writ of habeas corpus (pursuant to U.S. Supreme Court original jurisdiction) and stay of execution denied by In re Reese, 521 U.S. 1139 (1997).

Significant legal issues:

--trial counsel's failure to present a meaningful mitigation case at sentencing, and to investigate and present evidence concerning Mr. Reese's background, psychological impairments and family history

--prosecution's failure to disclose that the victim's family did not want Mr. Reese to be sentenced to death

--Sixth Amendment claim stemming from the fact that the police questioned Mr. Reese after he completed a form requesting the public defender's appointment

--penalty phase instruction that effectively required the jury to find mitigating circumstances unanimously in order to give them effect

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