Phillips Black

Scott Mclaughlin

Current Proceedings: Federal Habeas Corpus, 8th Circuit

Case Number: 4:12-cv-01464-CDP (EDMO); No. 18-3510 (8th Circuit); 18-3628 (Petitioner’s Cross Appeal); No. 19-6685 (SCOTUS)

Judge: Loken, Gruender, and Benton

Defendant’s Demographic Information: White Male

Current Counsel:

Legal Status: Respondent-Appellant brief filed 12/18/19; Petitioner-Appellee brief due 05/15/2020 (No. 18-3510); 8th Circuit denied Petitioner's cross-appeal/application for COA on remaining habeas claims on 4/22/19 (rehearing denied 6/18/19) (No. 18-3628); cert denied 2/24/20; USCA Judgment is reversed and the cause is remanded to the district court entered on 08/18/2021

Significant Legal Issues:

• Imposition of death sentence by trial judge, following deadlock of jury, in claimed violation of Ring v. Arizona, 536 U.S. 584 (2002), and State v. Whitfield, 107 S.W.3d 253 (Mo. 2003)

• Trial counsel’s failure to discover that his mental health expert had been disciplined in medical school for dishonesty (which the expert told counsel about on the eve of the penalty phase trial), leaving Mr. McLaughlin with no mitigation evidence from a mental health expert

• Trial counsel’s failure to retain a neuropsychologist to present evidence of Mr. McLaughlin’s brain damage, as well as documentary evidence to corroborate it

• Trial counsel’s failure to investigate, develop, and present evidence that the victim was raped by Mr. McLaughlin’s brother instead of Mr. McLaughlin himself

Last Judicial Decision Related to Conviction or Sentence: McLaughlin v. Precythe, 9 F.4th 819 (8th Cir. 2021) (reversing district court's grant of habeas relief as to McLaughlin's death sentence)

Reported Opinions:

• McLaughlin v. Precythe, 9 F.4th 819 (8th Cir. 2021) (reversing district court's grant of habeas relief)

• Petition for writ of habeas corpus is granted as to the sentence of death only, based on Claim 1A and Claim 3. Petitioner's death penalty is vacated, and he must either be sentenced to life in prison without the possibility of parole or must be given a new penalty hearing. See McLaughlin v. Steele, 173 F. Supp. 3d 855 (E.D. Mo. 2016)

• Denial of post-conviction relief affirmed by McLaughlin v. State, 378 S.W.3d 328 (Mo. 2012)

• Conviction and sentence affirmed on direct appeal by State v. McLaughlin, 265 S.W.3d 257 (Mo. 2008), cert. denied, 556 U.S. 116 (2009)

Prior Counsel: Pete E. Carter

Conviction County: St. Louis County

Counts: 1

Victim Demographic: White Female

Crime Date: 11/30/2003

Sentencing Date: 11/03/2006

Trial Counsel: Robert Steele and David Kenyon

Trial Judge: Steven Goldman

Trial Prosecutor: Robert Livergood