RODDEN, JAMES E.

General Information

DOB: June 8, 1960
Race: White
Gender: Male

Crime and Trial

County of conviction: Clay
Number of counts: One (in addition to one count stemming from the same incident, for which Mr. Rodden was sentenced to life imprisonment in a previous trial)
Race of victim: White
Gender of victim: Female
Date of crime: December 6, 1983
Date of sentencing: July 1, 1985
Date of execution: February 24, 1999

Legal status:

Trial Counsel:
Lee Nation

Last counsel of record:
Kent E. Gipson
Public Interest Litigation Clinic
305 E. 63rd St.
Kansas City, MO 64113
816-363-2795

Bruce C. Houdek
818 Grand Ave., Suite 400
Kansas City, MO 64106

Last judicial decision:

--Denial of habeas corpus affirmed by Rodden v. Delo, 143 F.3d 441 (8th Cir.), cert. denied, 525 U.S. 985 (1998).

Reported Opinions:

--Conviction and sentence affirmed by State v. Rodden, 728 S.W.2d 212 (Mo. banc 1987).

--Denial of post-conviction relief affirmed by Rodden v. State, 795 S.W.2d 393 (Mo. banc 1990), cert. denied, 499 U.S. 970 (1991).

--Denial of habeas corpus affirmed by Rodden v. Delo, 143 F.3d 441 (8th Cir.), cert. denied, 525 U.S. 985 (1998).

Significant legal issues:

--double jeopardy and claim of collateral estoppel stemming from the fact that (a) Mr. Rodden was tried separately for the two murders involving the same criminal incident, (b) the first jury sentenced Mr. Rodden to life, and (c) both juries considered the same aggravating circumstances, including both murders

--prosecutor's comments during voir dire and closing argument to the effect that the jury only "recommended" a death sentence and that the judge would have to decide whether to follow the "recommendation," in light of Caldwell v. Mississippi

--trial counsel's decision to curtail presentation of mitigating evidence regarding Mr. Rodden's family and background so that the case would be submitted that afternoon rather than the next day

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