AG Calls on Supreme Court

| May 18, 2012
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Missouri Attorney General Chris Koster is urging the State Supreme Court to set execution dates in more than a dozen capital murder cases.  Koster filed motions Thursday asking the high court to expedite the executions of ten death row inmates.  He said all ten defendants have exhausted their appeals.  Koster added that there are no stays in effect for nine additional cases.  His motions indicate that no legal impediments remain that would keep the Supreme Court from setting such dates.

Document from the Office of Missouri Attorney General Chris Koster

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:


Date Motion Filed

Days Motion Pending

Jeffrey Ferguson[1]

April 14, 2006


John Middleton

June 8, 2007


William Rousan

June 8, 2007


Michael Taylor

June 8, 2007

John Winfield

June 8, 2007


Russell Bucklew[2]

June 8, 2007


Earl Ringo

April 17, 2008


Mark Christeson

April 17, 2008


Joseph Franklin1

June 16, 2009


Allen Nicklasson

January 26, 2010



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


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.

[1]  The State renewed its motion to set an execution date for Jeffrey Ferguson on June 8, 2007, and for Joseph Franklin on January 26, 2010.


[2]  This Court sustained the State’s motion on May 30, 2008, but has not yet set an execution date.


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