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Thread: Andre Cole - Missouri Execution - April 14, 2015

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    Andre Cole - Missouri Execution - April 14, 2015




    Summary of Offense:

    Andre Cole and his wife, Terri Cole, divorced in 1995 after eleven years of marriage. Cole was ordered to pay child support for the care of the couple's two children but his periodic failure to make payments resulted in an arrearage totaling nearly $3000.00. Upon learning that a payroll withholding order was issued to his employer, Cole commented to his coworkers, "Before I give her another dime I'll kill the bitch."

    The first payroll deduction for child support appeared on Cole's August 21, 1998 paycheck, and several hours later Cole forced his entry into Terri's house by throwing an automobile jack through the glass door leading to the dining room. Anthony Curtis, who was visiting Terri, confronted Cole and asked him to leave. Cole stabbed Curtis multiple times resulting in his death. Cole then assaulted Terri, stabbing her repeatedly in the stomach, breasts, back, and arms, and her hands when she attempted to defend herself. Terri survived.

    After the attack, Cole fled the state, but he returned to St. Louis and surrendered to the police thirty-three days later. DNA analysis confirmed the presence of both victims' blood on the knife and the presence of Cole's blood on the deck of Terri's home, the backyard fence, and in the street where Cole's car had been parked.

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    Cole was denied a Certificate of Appealability by the US Eighth Circuit Court of Appeals today.

    Opinion is here:

    http://www.ca8.uscourts.gov/opndir/10/11/091213P.pdf

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    Death sentence is upheld

    Andre Cole's death sentence for fatally stabbing a man after smashing his way into his ex-wife's home was upheld Friday by the 8th U.S. Circuit Court of Appeals. Cole, formerly of Normandy, was convicted and sentenced to death in 2001 for the Aug. 21, 1998, murder of Anthony Curtis, 34, at the home of Cole's ex-wife, Terri Cole, in the 10100 block of Castle Drive in north St. Louis County. Cole also stabbed his ex-wife, but she survived. On the day of the murder, Cole's paycheck had been garnisheed for back child support. In seeking a reversal, Cole, 47, argued that his defense counsel had been ineffective and that prosecutors had prejudiced the jury with inflammatory statements. The appeals court rejected his arguments.

    (source: St. Louis Today)

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    Inmate Personal Information

    DOB: 10/03/1962
    Race: Black
    Gender: Male


    Crime and Trial Information

    * County of conviction: St. Louis
    * Number of counts: One
    * Race of Victim: Black
    * Gender of Victim: Male
    * Date of crime: 08/21/1998
    * Date of Sentencing: 03/09/2001


    Legal Status

    Current Proceedings:
    Appealing denial of habeas corpus to the 8th
    Cir.


    Attorney

    Joe Luby


    Court Opinions

    State v. Cole, 2001 WL 36246819 (Mo. Cir. Ct. March 9, 2001); State v.
    Cole, 71 S.W.3d 163 (Mo. banc), cert. denied, 537 U.S. 865 (2002);
    Cole v. State, 152 S.W.3d 267 (Mo. banc 2004) (affirming the denial of
    post‐conviction relief), cert. denied, 545 U.S. 1131 (2005); Cole v.
    Roper, 579 F.Supp.2d 1246 (E.D. Mo. 2008) (denying habeas corpus).


    Legal Issues

    On review of habeas petition in E.D. Mo.:
    1. whether evidence was sufficient to support finding of deliberation, as required to sustain conviction for
    first‐degree murder under Missouri law;
    2. whether prosecutor's closing argument during guilt phase that no other case could have been more
    important to the people of the county prejudiced defendant;
    3. whether prosecutor's statement during closing argument of guilt phase that anyone sitting in the
    defense chair was “usually there for a reason,” violated presumption of innocence;
    4. whether veniremember's divorced status, hesitation to impose the death penalty, and having an
    incarcerated cousin were nonracial, non‐pretextual reasons for use of a peremptory challenge;
    5. whether leg brace restraint worn during trial violated petitioner's due process rights;
    6. whether petitioner had adequate notice of aggravating factors sufficient to satisfy due process; and
    7. whether petitioner was denied effective assistance of counsel

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    Administrator Moh's Avatar
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    On October 3, 2011, the US Supreme Court denied Cole's certiorari petition.

    http://www.supremecourt.gov/Search.a...s/10-10504.htm

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    Attorney General Koster requests Supreme Court action in nine capital murder cases

    Jefferson City, MO. – Attorney General Chris Koster submitted for filing similar versions of the attached motion in the Missouri Supreme Court today regarding the following capital murder cases:

    State v. David Barnett
    State v. Cecil Clayton
    State v. Andre Cole
    State v. Paul Goodwin
    State v. Herbert Smulls
    State v. Walter Storey
    State v. Leon Taylor
    State v. Michael Worthington
    State v. David Zink

    The Attorney General is requesting these dates to fulfill the sentences handed down by the courts and ensure that justice is served. Attorney General Koster’s motions indicate that no legal impediments remain for the Supreme Court to set execution dates.

    http://ago.mo.gov/newsreleases/2012/..._murder_cases/

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    Execution date set for Missouri inmate Andre Cole

    ST. LOUIS (AP) - The Missouri Supreme Court on Wednesday set an April execution date for 52-year-old Andre Cole, who killed a man in 1998 out of anger over a child support payment.

    Cole is scheduled to die at 6 p.m. April 14.

    Cole and his wife, Terri, divorced in 1995. He was ordered to pay child support for the couple's two children, but missed several payments. He was ordered to pay $3,000 through payroll deductions.

    The first deduction appeared on his Aug. 21, 1998, paycheck. Hours later, Cole forced his way into Terri Cole's home and was confronted by Anthony Curtis, who was visiting. Andre Cole stabbed Curtis and his ex-wife several times. Curtis died but Terri Cole survived.

    Andre Cole fled the state but surrendered to police 33 days later.

    http://www.ksdk.com/story/news/crime...date/23999617/

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    Administrator Helen's Avatar
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    In a 4-3 vote, Mo. Supreme Court denies stay of execution for Andre Cole, whose lawyers claim he's not mentally competent to be executed.

    https://twitter.com/MarshallGReport/...79102665068544
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Senior Member CnCP Legend FFM's Avatar
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    Missouri Supreme Court: Andre Cole competent to be executed

    The Missouri Supreme Court has rejected the claim that a man scheduled to be executed next week is not competent to be executed.

    Andre Cole is scheduled to die Tuesday evening by lethal injection for the 1998 stabbing death of a friend of his ex-wife’s. Cole’s lawyers offered the findings of a psychiatrist that Cole is depressed and has symptoms of psychosis, specifically delusions that keep him from understanding why he would be executed.

    The Court found that he is competent, in part, by reviewing audio recordings of telephone conversations in which it says Cole demonstrated that he understands his sentence and the reason for it.

    Cole’s lawyers still have multiple avenues to attempt to delay or halt his execution. It is scheduled to take place between 6 p.m. April 14 and 5:59 p.m. April 15 at the prison in Bonne Terre.

    Cole was convicted of stabbing Anthony Curtis 21 times, after going to confront his ex-wife about the back child support he owed to her. He then attacked his ex-wife, Terri, stabbing her repeatedly, but she survived.

    http://www.missourinet.com/2015/04/0...o-be-executed/

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