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Thread: Vincent McFadden - Missouri Death Row

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    Vincent McFadden - Missouri Death Row




    Summary of Offense:

    Todd Franklin had been a witness against two members of McFadden's gang, the 6 Deuces, and they had gone to jail. On the evening of July 3, 2002, in the 6200 block of Lexington Avenue in Pine Lawn, a St. Louis suburb, two young men chased Franklin, 19, to a house where men were working. The suspects were later identified by the witnesses as McFadden and Michael Douglas, now serving a lengthy prison sentence. Witnesses said Douglas shot Franklin and then McFadden fired shots into the prone body of the victim after McFadden took the handgun from Douglas and complained that Franklin was still alive.

    On May 15, 2003, just a few blocks from the scene of Franklin's death 10 months earlier, Leslie Addison, 18, was fatally shot after an argument with McFadden in which he told her to get out of Pine Lawn. McFadden was the boyfriend of Leslie's sister, Eva Addison, with whom he had a child. Eva Addison was hiding in bushes when she saw her sister plead for her life and then saw McFadden shoot her. The victim had been shot under the chin and alongside the head.

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    June 12, 2008

    Vincent McFadden Resentenced to Death

    CLAYTON -- For the fourth time in three years, a judge sentenced Vincent McFadden to die by lethal injection for a murder he committed in Pine Lawn.

    St. Louis County Circuit Judge Gary M. Gaertner Jr. imposed the verdict this morning that a jury of seven women and five men recommended in April.

    The jurors recommended the execution for the street shooting on May 15, 2003, of Leslie Addison, 18, the sister of McFadden's girlfriend, while the sister, Eva -- hidden from McFadden in bushes -- watched in horror.

    The trial was McFadden's fourth. In March 2006, another jury had found McFadden guilty and recommended the death penalty in Addison's murder. In March 2005, a jury found McFadden guilty of the murder in Pine Lawn of Todd Franklin on July 2, 2002.

    Franklin had been a witness against members of McFadden's gang and was killed because his testimony resulted in prison sentences, prosecutors said. McFadden shot Addison because they had argued and she had defied his order to leave Pine Lawn, police said.

    Both convictions and death sentences were set aside by the Missouri Supreme Court after appeals raised questions about racial bias in jury selection, with prosecutors accused of keeping some African Americans off juries because of their race. The high court ordered new trials in both murders.

    Last year, another jury convicted McFadden of first-degree murder in the Franklin case and a judge imposed the death penalty.

    The jury that found McFadden guilty of Addison's murder in April also convicted him of armed criminal action and tampering with a witness. Gaertner imposed a sentence today of 75 years in prison for the weapons violation and seven years for the tampering. That count involved threats McFadden made from jail to Eva Addison through a third party.

    (Source: stlouistoday.com)

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    Inmate Personal Information

    DOB: 03/25/1980
    Race: Black
    Gender: Male

    Crime and Trial Information

    * County of conviction: St. Louis
    * Number of counts: Two Separate
    * Race of Victims: Black/Black
    * Gender of Victims: 1 Male / 1 Female
    * Date of crimes: 07/03/2002; 05/15/2003
    * Date of Sentencing: 03/15/2005; 05/24/2006

    Legal Status

    Current Proceedings:
    On retrial McFadden was again convicted of 1st degree murder and sentenced to death; appeal is pending

    Attorney

    Janet Thompson

    Court Opinions

    State v. McFadden, 216 S.W.3d 673 (Mo. banc) (reversing judgment and remanding), cert. denied, 552 U.S. 942 (2007).

    Legal Issues

    On direct appeal:
    1. whether prosecutor's explanation for peremptorily striking African‐American juror, which was based primarily on juror having “crazy‐looking red hair,” was pretextual, and
    2. whether jury's consideration of defendant's prior invalid felony convictions and death sentence in unrelated case as aggravating factors supporting imposition of death penalty was prejudicial.

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    Senior Member CnCP Legend JLR's Avatar
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    Oral arguments are scheduled for the 15th of February. You can find the briefs on the link.

    http://www.courts.mo.gov/SUP/index.n...b?OpenDocument

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    State v. McFadden

    Court: Missouri Supreme Court

    Opinion Date: May 29, 2012

    After a jury trial, Vincent McFadden was found guilty of first-degree murder and armed criminal action. Consistent with the jury's recommendation, McFadden was sentenced to death. The Supreme Court affirmed, holding (1) the trial court did not err in limiting the testimony of a defense witness; (2) McFadden was not subjected to double jeopardy; (3) the trial court did not err in striking a venireperson for cause or in denying McFadden's Batson challenge as to a venireperson; (4) the trial court did not plainly err during the guilt phase of McFadden's trial in admitting certain testimony; (5) the trial court properly instructed the jury; (6) the State did not violate McFadden's due process rights during all phases of the trial; (7) the trial court did not improperly admit hearsay into evidence; and (8) the imposition of the death penalty met the statutory requirements.
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    Administrator Heidi's Avatar
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    In today's United States Supreme Court orders, McFadden's petition for writ of certiorari was DENIED.
    An uninformed opponent is a dangerous opponent.

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    State v. McFadden

    Opinion Date: January 29, 2013

    Court: Missouri Supreme Court

    After a jury trial, Plaintiff was found guilty of first-degree murder and armed criminal action. The circuit court sentenced Defendant to death. The Supreme Court affirmed the judgment, holding (1) the trial court did not plainly err in its rulings regarding the jury and jury instructions; (2) the prosecutor did not engage in improper arguments or make improper comments; (3) the trial court did not err in its evidentiary rulings; (4) the trial court did not err in its rulings during the penalty phase; and (5) in this case, the death penalty complied with all statutorily proportionality requirements.
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    In today's United States Supreme Court orders, McFadden's petition for writ of certiorari was DENIED.

    Lower Ct: Supreme Court of Missouri
    Case Nos.: (SC89429)
    Decision Date: January 29, 2013
    Rehearing Denied: March 19, 2013
    An uninformed opponent is a dangerous opponent.

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    Administrator Moh's Avatar
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    On February 6, 2012, McFadden filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/mi...cv00212/118474

    On March 4, 2015, McFadden's habeas petition was DENIED.

    https://docs.justia.com/cases/federa...0212/118474/22

    On April 15, 2015, McFadden filed an appeal before the US Court of Appeals for the Eighth Circuit.

    https://dockets.justia.com/docket/ci...ts/ca8/15-1768

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    Senior Member CnCP Legend CharlesMartel's Avatar
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    Missouri Supreme Court declines death row inmate’s appeal

    JEFFERSON CITY, Mo. (AP) – The Missouri Supreme Court has turned away a death row inmate’s appeal that raised questions about jury selection and the effectiveness of his trial counsel.

    Vincent McFadden was convicted of first-degree murder and sentenced to death for killing Leslie Addison in St. Louis County in 2003. McFadden claimed his trial lawyer was ineffective on several grounds.

    McFadden also claimed that he should have been allowed to interview all jurors to determine if one had failed to disclose familiarity with him from an earlier case.

    A circuit court ruled against McFadden, and the Supreme Court ruling on Tuesday agreed with the lower court ruling.

    It wasn’t clear if McFadden would appeal. A phone message left with his attorney was not immediately returned.

    https://fox2now.com/2018/07/17/misso...nmates-appeal/
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