WEAVER, WILLIAM

GENERAL INFORMATION

DOB:
Race: African-American
Gender: Male

CRIME AND TRIAL

County of conviction: St. Louis County
Number of counts: 1
Race of victim: African-American
Gender of victim: Male
Date of crime: July 6, 1987
Date of sentencing: July 20, 1988

TRIAL COUNSEL: Doris Black

LEGAL STATUS:

Current proceedings:

Last judicial decision:

Cert. dismissed on May 21, 2007 in Weaver v. Roper, 127 S.Ct. 2022 (May 21, 2007). Supreme court held that it was error for district court to dismiss first petition as premature.

CURRENT COUNSEL:

Philip M. Horwitz
Swaney and Ram
3460 Hampton Avenue, Suite 205
St. Louis, MO 63139
314-481-7778

Kent S. Scheidegger
Criminal Justice Legal Foundation
3460 Hampton, Suite 205
St. Louis, MO 63139

REPORTED OPINIONS:

Cert. dismissed on May 21, 2007 in Weaver v. Roper, 127 S.Ct. 2022 (May 21, 2007). Supreme court held that it was error for district court to dismiss first petition as premature.

Petition for Writ of Cert pending before U.S. Supreme Court, Case No. 06-313.
Argument scheduled for March 21, 2007.

Cert. Granted 12/7/2006

QUESTIONS PRESENTED:

Since this court has neither held a prosecutor’s penalty phase closing argument to

violate due process, nor articulated, in response to a penalty phase claim, what the

standard of error and prejudice would be, does a court of appeals exceed its

authority under 28 U.S.C. งง2254(d)(l)by overturning a capital sentence on the

ground that the prosecutor’s penalty phase closing argument was "unfairly

inflammatory?"

Grant of habeas reversed, and case remanded for resolution of remaining claims. See Weaver v. Bowersox, 241 F.3d 1024 (8th Cir. 2001), rehearing denied June 28, 2001.
Conviction, sentence and denial of post-conviction relief affirmed by State v. Weaver, 912 S.W.2d 499 (Mo. banc 1995), cert. denied, 519 U.S. 856 (1996).

SIGNIFICANT LEGAL ISSUES:

Batson claim regarding pretextuality of prosecutor's stated race-neutral reasons for striking African-American venirepersons; Eighth Circuit and state courts rejected claim, in part, because State allowed three African-Americans to serve on the jury
Applicability of AEDPA amendments to Williams' petition, which was initially field before the statute's effective date but dismissed without prejudice for want of exhaustion
Race-neutrality of prosecutor's statement that he did not believe an African-American juror could give the death penalty to an African-American defendant
Whether prosecutor's closing argument to the effect that defense's theories were a "smoke screen" and were "bold" constituted improper argument that defense counsel had suborned perjury
Prosecution's alleged failure to disclose sentencing offer given to witness prior to witness' coming forth with information about defendant, the fact that the witness gave a false name when arrested, and the fact that the witness' bond had been set at $500,000
Undue suggestiveness of lineup, where defendant's clothing was critical to the identification
Absence of remedy for vague aggravating circumstance, when other aggravators are found to exist

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