Phillips Black

russell Bucklew

Current Proceedings: Executed October 1, 2019.

Case Number: 17-8151

Judge: Beth Phillips

Defendant’s Demographic Information: White Male

Current Counsel:

Legal Status: Stay following denial of summary judgment in favor of state on 1983 claim. US Supreme Court grants cert on issue of lethal injection as cruel and unusual punishment.

Significant Legal Issues:

• Eighth Amendment claim regarding Mr. Bucklew’s medical condition (cavernous hemangiomas) and Missouri’s method of lethal injection

• Trial counsel’s failure to investigate, develop, and present relevant mitigating evidence, including Mr. Bucklew’s favorable adjustment to prison life, his organic brain dysfunction, and neurological deficits

Last Judicial Decision Related to Conviction or Sentence:

• United States Supreme Court grants cert on 1983 claims that lethal injection cruel and unusual punishment

Reported Opinions:

• United States SC grants cert. In addition to the questions presented in the petition, the parties are directed to brief and argue the following Question: Whether petitioner met his burden under Glossip v. Gross, 576 U. S., 135 S. Ct. 2726, 192 L. Ed. 2d 761 (2015), to prove what procedures would be used to administer his proposed alternative method of execution, the severity and duration of pain likely to be produced, and how they compare to the State's method of execution.Bucklew v. Precythe, No. 17-8151, 2018 U.S. (Apr. 30, 2018)

• Affirmed summary judgment in favor of state on 1983 claim alleging that execution by Missouri's lethal injection protocol, authorized by statute, would constitute cruel and unusual punishment. See Bucklew v. Precythe, 883 F.3d 1087 (8th Cir. 2018)

• Dismissal of lethal injection claims reversed and remanded by Bucklew v. Lombardi, 783 F.3d 1120 (8th Cir. 2015)

• Stay of execution granted by Supreme Court, pending lethal injection appeal in Eighth Circuit, by Bucklew v. Lombardi, 134 S. Ct. 2333 (U.S. May 21, 2014)

• Denial of habeas corpus affirmed by Bucklew v. Luebbers, 436 F.3d 1010 (8th Cir.), cert. denied, 549 U.S. 1079 (2006)

• Denial of post-conviction relief affirmed by Bucklew v. State, 38 S.W.3d 395 (Mo.), cert. denied, 534 U.S. 964 (2001)

• Conviction and sentence affirmed on direct appeal by State v. Bucklew, 973 S.W.2d 83 (Mo. 1998), cert. denied, 525 U.S. 1082 (1999)

Prior Counsel:

• Rebecca Lynn Kurz

• Laura Grether Martin

Conviction County: Boone (on transfer from Cape Girardeau)

Counts: 1

Victim Demographic: White Male

Crime Date: 03/21/1996

Sentencing Date: 05/15/1997

Trial Counsel:

• Frederick A. Duchardt

• Robert Craig Wolfrum

• Beth Ann Davis

Trial Judge: Frank Conley

Trial Prosecutor: Harry Swingle