TAYLOR, LEON

DOB: March 2, 1958
Race: African-American
Gender: Male

CRIME AND TRIAL

County of conviction: Jackson
Number of counts: 1 (not including one victim injured during same incident)
Race of victim: White
Gender of victim: Male
Date of crime: April 14, 1994
Date of sentencing: May 11, 1995 (original sentencing)
(?????????) (re-sentencing)

TRIAL COUNSEL:

Janice Zembles and Nancy McKerrow (original sentencing)
Bob Wolfrum and Teoffice Cooper (re-sentencing)

LEGAL STATUS:

Current proceedings:

• Petition for Permission to File Successive Habeas Petition pending in Eighth Circuit, No. 07-2143.

Last judicial decision:

• Denial of Federal habeas petition by U.S. District Court Western District of Missouri, in Taylor v. Roper, 2007 WL 62690 (January 8, 2007).

CURRENT COUNSEL:

Dana M. McFarland
200 SE Douglas Road, Suite 200
Lee's Summit, MO  64063
816-347-1818
danamc@swbell.net

Elzabeth Unger Carlyle
PO Box 962
Columbus, MS 39703
816-525-6540
Fax: 866-764-1249
Email:  elizcar@bellsouth.net

REPORTED OPINIONS:

• Denial of Federal habeas petition by U.S. District Court Western District of Missouri, in Taylor v. Roper, 2007 WL 62690 (January 8, 2007).

• Denial of post-conviction relief affirmed by Taylor v. State, 126 S.W.3d 755 (Mo. banc 2004).
   
• Death sentence affirmed on direct appeal after remand and re-sentencing. See State v. Taylor, 18 S.W.3d 366 (Mo. banc), cert. denied, 531 U.S. 901 (2000).
   
• Conviction affirmed, sentenced reversed and remanded by State v. Taylor, 944 S.W.2d 925 (Mo. banc 1997).

SIGNIFICANT LEGAL ISSUES:

• Trial counsel's effectiveness in failing to present evidence that Mr. Taylor was under a diminished capacity or suffered from an extreme mental or emotional disturbance at the time of the offense.
   
• Possibility of mental retardation, and trial counsel's failure to present evidence of such.
   
• Trial counsel's failure to object to evidence of previous violent criminal activity during the penalty phase.
   
• Sufficiency of prosecution's asserted race-neutral reasons for striking African-American venirepersons under Batson prior to second sentencing proceeding; race-neutrality of reasons that affect African-American venirepersons more frequently than venirepersons of other races
   
• Equal protection claim based upon Jackson County Prosecutor's selection of when to seek the death penalty
   
• Trial court's guilt-phase denial of continuance after prosecution disclosed plea agreement with co-defendant on day of trial, and after prosecution untimely disclosed identity of witness
   
• Trial court's refusal to order disclosure of accomplices' arrest records as impeachment material

Return to casetracker list