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    1. #21
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      Tisius was re sentenced to death 3 years ago. It will be years before he exhausts his appeals, unless he volunteers.
      A uninformed opponent is a dangerous opponent.

    2. #22
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      May 18, 2012

      IN THE MISSOURI SUPREME COURT

      STATE OF MISSOURI, )
      )
      Respondent, )
      )
      v. ) No. 79985
      )
      DAVID BARNETT, )
      )
      Appellant. )

      MOTION TO SET EXECUTION DATE

      The State of Missouri requests this Court to set an execution date for the appellant, as all appeals have been decided, no stay is in effect, and no legal impediment exists.
      The historical practice of this Court has been to issue an execution date upon the conclusion of state and federal litigation upholding a defendant’s capital murder conviction. The State has expressly requested this Court to set execution dates for the following ten individuals:

      Defendant Date Motion Filed Days Motion Pending
      Jeffrey Ferguson - April 14, 2006 - 2225
      John Middleton - June 8, 2007 - 1805
      William Rousan - June 8, 2007 - 1805
      Michael Taylor - June 8, 2007 - 1805
      John Winfield - June 8, 2007 - 1805
      Russell Bucklew - June 8, 2007 - 1805
      Earl Ringo - April 17, 2008 - 1491
      Mark Christeson - April 17, 2008 - 1491
      Joseph Franklin - June 16, 2009 - 1066
      Allen Nicklasson - January 26, 2010 - 842

      In addition to the ten defendants identified above, nine additional individuals now have final convictions for capital murder, with no stay in effect:

      Defendant Date Conviction Final
      Cecil Clayton - November 3, 2008
      Herbert Smulls - April 6, 2009
      David Barnett - October 5, 2009
      Leon Taylor - June 21, 2010
      Walter Storey - February 28, 2011
      Andre Cole - October 3, 2011
      Michael Worthington - November 28, 2011
      Paul Goodwin - February 21, 2012
      David Zink - March 26, 2012


      There is no stay of execution in effect. At this time, no legal impediments exist to the lawful execution for appellant, and for the others specified above.
      Unless this Court sets an execution date after a capital murder defendant’s legal process is exhausted, the people of Missouri are without legal remedy. Accordingly, the State of Missouri requests this Court to set an execution date.
      Respectfully submitted,

      CHRIS KOSTER
      Attorney General


      /s/ Stephen D. Hawke
      STEPHEN D. HAWKE
      Assistant Attorney General
      Missouri Bar No. 35242
      P.O. Box 899
      Jefferson City, MO 65102
      (573)751-3321
      (573) 751-3825 FAX
      [email protected]
      Attorneys for Respondent

      http://ago.mo.gov/newsreleases/2012/..._murder_cases/ [Click on "Motion to set execution date"]

    3. #23
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      I looked up on CaseNet in Missouri. Tisius is the only one at this point the Missouri Supreme Court has set an execution date for. Says the same thing on DPIC. In the motion, the AG says that it is historical practice for the Supreme Court to set execution dates once all appeals are exhausted and there is no further legal impediments. Tisius is not in this category according to what you say (I heard it as well here in Columbia on the local news that he is not as far along in the appeals process) but they issued a date for him and not the others. Sounds to me the Missouri Supreme Court is either doing business differently or has no clue what they are doing. They need to set execution dates for the ones Koster has filed motions for. Justice needs to be more certain in Missouri and it won't be as long as the Supreme Court fails to uphold the law. As the AG said, the people of Missouri have no recourse if the Supreme Court does not set execution dates. It appears that Missouri is now able to carry out executions now. It's an untested method using propofol as the single drug in an execution and I imagine that there will be challenges to the new protocol. However, they will be without merit. Did not see it coming, but am glad that they finally updated their protocol. And to our new British participant, I have this insight. From my time spent in Columbia, I gather that this state is not going to give up the death penalty and they want executions to continue. http://www.missourinet.com/2012/05/1...al-injections/

    4. #24
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      Tisisus was resentenced to death 3 years ago. His appeal was recently denied by the MO Supreme Court on direct appeal. The case was in their court so they issued an execution date. Once a case leaves the MO Supreme Court it is the AG's responsibility to request execution dates.
      A uninformed opponent is a dangerous opponent.

    5. #25
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      Quote Originally Posted by MidwestExecutionHawk View Post
      I looked up on CaseNet in Missouri. Tisius is the only one at this point the Missouri Supreme Court has set an execution date for. Says the same thing on DPIC. In the motion, the AG says that it is historical practice for the Supreme Court to set execution dates once all appeals are exhausted and there is no further legal impediments. Tisius is not in this category according to what you say (I heard it as well here in Columbia on the local news that he is not as far along in the appeals process) but they issued a date for him and not the others. Sounds to me the Missouri Supreme Court is either doing business differently or has no clue what they are doing. They need to set execution dates for the ones Koster has filed motions for. Justice needs to be more certain in Missouri and it won't be as long as the Supreme Court fails to uphold the law. As the AG said, the people of Missouri have no recourse if the Supreme Court does not set execution dates. It appears that Missouri is now able to carry out executions now. It's an untested method using propofol as the single drug in an execution and I imagine that there will be challenges to the new protocol. However, they will be without merit. Did not see it coming, but am glad that they finally updated their protocol. And to our new British participant, I have this insight. From my time spent in Columbia, I gather that this state is not going to give up the death penalty and they want executions to continue. http://www.missourinet.com/2012/05/1...al-injections/
      Right on! Get the process rolling again like it was in the 90s and early 2000s when Missouri was the 4th leading state in the nation with executions.

      What were you doing in Columbia? Attending Mizzou or what? I agree the DP is here to stay in Missouri. Even if it is used less it is a very valuable tool for police and prosecutors to bargain with defendants!

    6. #26
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      I am engaged to someone from Columbia. I still have to finish out my schooling up in Cedar Rapids, Iowa. I am moving down to Columbia soon while living part time in Cedar Rapids during the school year and some of the summer. I've been coming here for nearly a year. Missouri is a nice place and its people are nice. I've practically been across this state exploring. Granted, I lived 3 decades of my life in Iowa and it will always be dear to my heart. But I love Missouri. As a future resident, I would like to see the Supreme Court respect the laws as they are written. I agree, capital punishment at the very least can be used as a bargaining tool to make sure that these people do not victimize innocent people again. Most of the murder cases in Boone County come out as 2nd Degree Murder, I noted. I have only seen a few cases wind up as capital punishment cases in Missouri this year. In both, the juries came back with the recommendation they be sentenced to death.

    7. #27
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      I've been to Iowa and they're very nice there too. After all it's only 1 state away!

      There has never been any DP in Iowa? If you don't mind are you male or female?

    8. #28
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      Quote Originally Posted by TheKindExecutioner View Post
      If you don't mind are you male or female?
      TKE there is this website called Plenty Of Fish!
      A uninformed opponent is a dangerous opponent.

    9. #29
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      Quote Originally Posted by TheKindExecutioner View Post
      I've been to Iowa and they're very nice there too. After all it's only 1 state away!

      There has never been any DP in Iowa? If you don't mind are you male or female?
      To answer your question, I am a male. As for Iowa's death penalty, we had it until the mid 1960s. Then it was abolished. There have been several attempts to bring it back, but all have failed. There are a few people under sentence of death in the federal system who were from Iowa. They were sentenced in US District Court in Cedar Rapids. They were drug kingpins who murdered federal informants up in North Central Iowa. It was not far from where I have family. In Iowa, Murder in the 1st Degree is pursued way more often. It also carries a sentence of life imprisonment without parole along with a few other crimes. So while Iowa does not execute people, we do not have any problem locking them up in Anamosa or Fort Madison and throwing away the key. Murder is a rare occurrence in Iowa, though violence has been on an uptick. Drug related. The same thing happens just about everywhere you go. Columbia is about comparable to Cedar Rapids as far as violent crime. Only difference is that Cedar Rapids has criminal street gangs from Chicago due to our relative closeness to I-80.

    10. #30
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      Nice to meet you MEH. We think almost exactly alike about the DP! Heidi too!

      So is Missouri using a one drug protocol of Propofol now? Well, it worked on Michael Jackson!

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