SKILLICORN, DENNIS

GENERAL INFORMATION

DOB: Novemer 21, 1959
Race: White
Gender: Male

CRIME AND TRIAL

County of conviction: Lafayette
Number of counts: 1
Race of victim: White
Gender of victim: Male
Date of crime: August 23, 1994
Date of sentencing: March 22, 1996

TRIAL COUNSEL:

Michael Gunter

LEGAL STATUS:

Current proceedings:   

Last judicial decision:

• Judgment of lower court affirmed by Eighth Circuit Court of Appeals in Skillicorn v. Luebbers, 475 F.3d 965 (8^th Cir. 2007) (February 6, 2007).

CURRENT COUNSEL:

Kent E. Gipson
kgipson@pilc.net

Jennifer Merrigan
jmerrigan@pilc.net

Public Interest Litigation Clinic
305 E. 63rd St.
Kansas City, MO 64113
816-363-2795

REPORTED OPINIONS:

• Judgment of lower court affirmed by Eighth Circuit Court of Appeals in Skillicorn v. Luebbers, 475 F.3d 965 (8^th Cir. 2007) (February 6, 2007).
   
• Motion for Certificate of Appealability granted by U.S. District Court, Western District of Missouri, March 31, 2005, Case No. 4:00-CV-08002-NKL (before Laughery, J.).
   
• Denial of federal habeas by U.S. District Court, Western District of Missouri, March 31, 2005 Case No. 4:00-cv008002-NKL (before Laughery, J.).
   
• Interlocutory reversal or U.S. District Court order enjoining State from claiming "opt-in" status under AEDPA. Skillicorn v. Luebbers, 265 F.3d 687 (8th Cir. 2001).
   
• Denial of post-conviction relief affirmed by Skillicorn v. State, 22 S.W.3d 678 (Mo. banc 2000), rehearing denied, Aug. 1, 2000, cert. denied, 531 U.S. 1039 (Dec. 4, 2000).
   
• Conviction and sentence affirmed on direct appeal by State v. Skillicorn,  944 S.W.2d 877 (Mo. banc), cert. denied, 522 U.S. 999 (1997).

SIGNIFICANT LEGAL ISSUES:

• Missouri's qualification under AEDPA's "opt-in" provisions
   
• Trial court's exclusion of out-of-court statement by actual shooter (Allen Nicklasson) that Skillicorn did not know that Nicklasson intended to kill the victim.
   
• Trial counsel's failure to investigate, discover and present Nicklasson's admission to his girlfriend on the night of the murder, which similarly exonerated Skillicorn
   
• Trial counsel's failure to present penalty-phase evidence regarding traumatic events during Skillicorn's childhood, Skillicorn's history of drug and alcohol abuse and dependence, and his dependent personality (which made him easily led by Nicklasson).
   
• State's penalty-phase presentation of evidence regarding a murder in Mexico that likely never occurred, and its failure to disclose the non-occurrence to the defense despite FBI documents describing it.

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