TISIUS, MICHAEL

DOB: February 16, 1981
Race: White
Gender: Male

CRIME AND TRIAL

County of conviction: Boone (on transfer from Randolph)
Number of counts: Two
Race of victim: White/white
Gender of victim: Male/male
Date of crime: June 22, 2000
Date of sentencing: October 1, 2001

TRIAL COUNSEL: David J. Kenyon

LEGAL STATUS:

Current proceedings: 

Last judicial decision:

• Petition for Writ of Cert denied by U.S. Supreme Court in Tisius v. Missouri, 127 S.Ct. 83 (2006). Case No. 05-11163.

CURRENT COUNSEL:

John Mermelstein
Office of the Public Defender
3402 Buttonwood
Columbia, MO  65201
573-882-9855

REPORTED OPINIONS:

• Petition for Writ of Cert denied by U.S. Supreme Court in Tisius v. Missouri, 127 S.Ct. 83 (2006). Case No. 05-11163.
   
• January 10, 2006 Missouri Supreme Court affirms circuit court’s grant of penalty phase relief and denial of guilt phase relief, rehearing denied February 28, 2006. Tisius v. State, 183 S.W.207 (Mo. 2006).
   
• Penalty phase relief granted under Rule 29.15 by the Boone County Circuit Court, November 4, 2004
   
• Tisius v. State, 183 S.W.207 (Mo. 2006)(rehearing denied 2/28/06)(Missouri Supreme Court affirms circuit court’s grant of penalty phase relief and denial of guilt phase relief)
   
• Convictions and sentences affirmed on direct appeal by State v. Tisius, 92 S.W.3d 751 (Mo. banc 2002), cert. denied, 123 S.Ct. 2287 (2003).

SIGNIFICANT LEGAL ISSUES:

• propriety of State's presentation of evidence regarding a rap song with the refrain "mo' murda," where prosecution contended that Mr. Tisius listened to the song in order to "psyche" himself up to commit the murders charged.
   
• exclusion of an equivocating juror under Witherspoon

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