ZEITVOGEL, RICHARD
General Information
DOB: May 11, 1956
Race: White
Gender: Male
Crime and Trial
County of conviction: Cole
Number of counts: One
Race of victim: White
Gender of victim: Male
Date of crime: March 25, 1984
Date of sentencing: May 28, 1985
Date of execution: December 12, 1996
Legal status:
Trial Counsel:
Julian Ossman
Last counsel of record:
Sean D. O'Brien
Public Interest Litigation Clinic
305 E. 63rd St.
Kansas City, MO 64113
816-363-2795
Last judicial decision:
--Motion to file second petition for habeas corpus denied by Zeitvogel v. Bowersox, 103 F.3d 54 (8th Cir.), cert. denied, 519 U.S. 1036 (1996).
Reported Opinions:
--Conviction and sentence affirmed on direct appeal by State v. Zeitvogel, 707 S.W.2d 365 (Mo. banc), cert. denied, 479 U.S. 871 (1986).
--Denial of post-conviction relief affirmed by Zeitvogel v. State, 760 S.W.2d 466 (Mo. App. W.D. 1988), cert. denied, 490 U.S. 1075 (1989).
--Denial of habeas affirmed by Zeitvogel v. Delo, 78 F.3d 335 (8th Cir. 1996), denial adhered to on rehearing, Zeitvogel v. Delo, 84 F.3d 276 (8th Cir. 1996), cert. denied, 519 U.S. 953 (1996).
--Motion to file second petition for habeas corpus denied by Zeitvogel v. Bowersox, 103 F.3d 54 (8th Cir.), cert. denied, 519 U.S. 1036 (1996).
Significant legal issues:
--claim of actual innocence in light of evidence (not presented by trial counsel) that the killing was committed in self-defense
--trial counsel's failure to adduce evidence showing that Mr. Zeitvogel killed the victim in self-defense [A self-defense theory presented at trial, but counsel failed to discover and present evidence showing that Mr. Zeitvogel had witnessed the victim commit a theft in the prison chapel, that the victim was being prosecuted for the theft, and that the victim knew that Mr. Zeitvogel was a witness against him.].
--procedural default of IAC claims due to state post-conviction counsel's failure to present them