WINFIELD, JOHN E.

GENERAL INFORMATION

DOB: August 18, 1970
Race: African-American
Gender: Male

CRIME AND TRIAL

County of conviction: St. Louis
Number of counts: 2 (not including two others injured during same incident)
Race of victim: African-American/White
Gender of victim: Female/Female
Date of crime: September 9, 1996
Date of sentencing: September 18, 1998

TRIAL COUNSEL: Brad Kessler and Scott Rosenblum

LEGAL STATUS:

Current proceedings:

Last judicial decision:

• Winfield v. Roper, 127 S.Ct. 2256 (May 14, 2007), cert. denied.

CURRENT COUNSEL:

Joseph W. Luby
jluby@pilc.net

Kent E. Gipson
kgipson@pilc.net

Public Interest Litigation Clinic
305 East 63rd Street
Kansas City, MO  64113
816-363-2795

REPORTED OPINIONS:

• Motion for rehearing denied, Case No. 05-2478 (Stohr, J.).
   
• Eighth Circuit affirms denial of habeas petition, August 22, 2006, Case No. 05-2478 (Stohr, J.).
   
• Denial of habeas corpus petition by U.S. District court March 3, 2005
   
• Denial of post-conviction relief affirmed by Winfield v. State, 93 S.W.2d 732 (Mo. banc 2002)
   
• Conviction and sentence affirmed on direct appeal by State v. Winfield, 5 S.W.3d 505 (Mo. banc 1999), cert. denied, 528 U.S. 1130 (2000).

SIGNIFICANT LEGAL ISSUES:

• Trial counsel's concession (without the defendant's consent) during opening statement and throughout trial that Mr. Winfield committed the shootings at issue.
   
• Trial counsel's confrontational direct examination of Mr. Winfield, which was premised upon a purportedly strategic decision to enrage his client on the stand and demonstrate that Mr. Winfield had committed the killings impulsively and without premeditation.
   
• Trial counsel's failure to investigate and present evidence that Mr. Winfield suffered from a severe mental and emotional disturbance at the time of the offense, and similar failure to discover and present specific details of Mr. Winfield's personal and family background in mitigation.

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