SMITH, SAMUEL D.
General Information
DOB: June 12, 1960
Race: African-American
Gender: Male
Crime and Trial
County of conviction: Callaway
Number of counts: One
Race of victim: African-American
Gender of victim: Male
Date of crime: January 15, 1987
Date of sentencing: September 7, 1988
Date of execution: May 23, 2001
Legal status:
Trial Counsel:Last counsel of record:
Kevin R. Locke
Sherman & Taff
1100 Main St.
P.O. Box 26530
Kansas City, MO 64196-6530
816-471-6900
Last judicial decision:
--U.S. Supreme Court's denial of a stay and petition for certiorari following the Eighth Circuit's denial of a certificate of appealability. See Smith v. Luebbers, 532 U.S. 1049 (2001).
Reported Opinions:
--Conviction and sentence affirmed on direct appeal by State v. Smith, 781 S.W.2d 761 (Mo. banc 1989), vacated and remanded, 495 U.S. 916 (1990). Affirmance of conviction and sentence adhered to on remand by State v. Smith, 790 S.W.2d 241 (Mo. banc 1990).
--Denial of post-conviction relief vacated with instructions to dismiss the petition for untimeliness. See Smith v. State, 798 S.W.2d 152 (Mo. banc 1990), cert. denied, 500 U.S. 928 (1991).
--Denial of subsequent motion for post-conviction relief affirmed by Smith v. State, 887 S.W.2d 601 (Mo. banc 1994), cert. denied, 514 U.S. 1119 (1995).
--Denial of third motion for post-conviction relief affirmed by Smith v. State, 21 S.W.3d 830 (Mo. banc 2000), cert. denied, 531 U.S. 1196 (2001).
Significant legal issues:
--Eighth Circuit's refusal to grant a certificate of appealability following the denial of habeas relief to Mr. Smith, resulting in no meaningful federal appellate review
--ineffectiveness of two trial attorneys who represented Mr. Smith for eight months (while doing essentially nothing in his defense) while simultaneously representing two individuals who had attacked and stabbed Mr. Smith six months before the murder at issue (attorneys Julian Ossman and Donald Catlett)
--ineffectiveness of trial counsel for failing to have Mr. Smith evaluated by a mental health expert, in light of subsequent proof that Mr. Smith suffered from post-traumatic stress disorder as a result of the stabbing he suffered six months before the crime of conviction
--ineffectiveness of trial counsel for failing to mount any defense during the second phase of the trial [counsel was distraught by the guilty verdict, could not continue, and was replaced by two colleagues who were given only 100 minutes to prepare from the verdict to the beginning of the sentencing phase]
--untimeliness of Mr. Smith's pro se motion for post-conviction relief under Rule 29.15, which was late because trial counsel failed to withdraw and filed the trial transcript in the Missouri Supreme Court without informing Mr. Smith or the public defender's office (thereby setting in motion the timetable for filing a pro se motion for post-conviction relief)