Michael Tisius

Current Proceedings: Federal habeas proceedings pending in Western District of Missouri, Tissius v. Griffith, 4:17-cv-00426-SRB.

Case Number: 4:17-cv-00426; 21-1682

Judge: Stephen R. Bough

Defendant’s Demographic Information: White Male

Current Counsel:

Laurance Komp, Keith O’Connor & Elizabeth Unger Carlyle Scarritt Building 818 Grand Boulevard, Suite 300 Kansas City, MO 64106 816.471.8282 (tel.)

Legal Status: Relief Denied in Western District of Missouri without Certificate of Appealability 10/30/2020; Response to Tisius's Motion to Amend/Alter Judgement due 2/5/2021; USCA Case Number from 8th Circuit Court of Appeals is 21-1682 entered on 03/25/2021; Order Granting Motion to File an Overlength Application for Certificate of Appealability entered on 09/14/2021; Order Granting Motion for Extension of Time to File Reply - Due on or before 10/14/2021 - entered on 09/14/2021

Significant Legal Issues:

  • Trial counsel's failure to present adequate and complete evidence showing that Mr. Tisius suffered from post-traumatic stress disorder and other mental illnesses at the time of the crime

  • Trial counsels’ failure to develop and present evidence from Mr. Tisius’s relatives and childhood friends in order to describe the abuse, neglect, and mental illness that he experienced in childhood

  • Trial counsel's failure to investigate and rebut various aggravating evidence, including a prison contraband conviction

  • Improper cross-examination of defense expert

  • Improper prosecutorial argument and trial counsel's failure to object

  • Propriety of State’s presentation of evidence regarding a rap song with the refrain “mo’ murda,” where prosecution contended that Mr. Tisius listened to the song in order to “psyche” himself up to commit the murders charged

  • Striking of an equivocating juror under Witherspoon

Last Judicial Decision Related to Conviction or Sentence: Tisius v. Jennings, 4:17-cv-00426-SRB, 2020 WL 6386874 (W.D. Mo. Oct. 30, 2020) (denying habeas relief without COA)

Reported Opinions:

  • MO Supreme Court denied appeal of judgment overruling 29.15 petition. See Tisius v. State, 519 S.W.3d 413 (Mo. 2017)

  • Death sentence affirmed on direct appeal after retrial. State v. Tisius, 362 S.W.3d 398 (Mo.), cert. denied, 133 S. CT. 235 (2012)

  • Grant of post-conviction relief on penalty phase, and denial of post-conviction relief on guilt phase, affirmed by Tisius v. State, 183 S.W.3d 207 (Mo.), cert. denied, 549 U.S. 843 (2006)

  • Convictions and sentences affirmed on direct appeal by State v. Tisius, 92 S.W.3d 751 (Mo. 2002), cert. denied, 539 U.S. 920 (2003)

Prior Counsel:

  • John Gregory Mermelstein (1st sentencing)

  • Valerie Sue Leftwich, Ellen H. Flottman, William J. Swift, and Pete E. Carter (2nd sentencing)

Conviction County: Boone (on transfer from Randolph)

Counts: 2

Victim Demographic:

  • White Male

  • White Male

Crime Date: 06/22/2000

Sentencing Date:

  • 10/01/2001 (1st trial)

  • 09/27/2010 (2nd trial)

Trial Counsel:

  • David J. Kenyon (1st trial)

  • Christopher Slusher and Scott McBride (2nd trial)

Trial Judge: Frank Conley

Trial Prosecutor: Michael Fusselman