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Missouri Supreme Court issues key ruling involving juvenile murderer

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A Missouri prisoner who was 16 when she killed a man during a meth transaction in western Missouri’s Cass County will remain in prison for now, under a key ruling Tuesday from the Missouri Supreme Court.

Convicted killer Jessica Hicklin is currently incarcerated at the Potosi Correctional Center in Mineral Point (June 2020 file photo courtesy of the Missouri Department of Corrections)

The inmate, 41-year-old Jessica Hicklin, was sentenced in April 1997 to mandatory life without parole. Hicklin is incarcerated at the maximum-security Potosi Correctional Center in southeast Missouri’s Mineral Point.

Prosecutors say Hicklin was 16 when Sean Smith was shot and killed.

Hicklin began challenging her sentence after the U.S. Supreme Court held in 2012 that juveniles cannot be given mandatory sentences of life without parole.

In Tuesday’s 20-page unanimous decision, the Missouri Supreme Court rejected Hicklin’s claim that the Missouri statute giving her parole eligibility after 25 years is unconstitutional.

In its ruling, the state court notes U.S. Supreme Court precedent gives states two options for fixing mandatory juvenile life-without-parole sentences for juveniles already sentenced: either resentence them or give them meaningful opportunity for release after considering certain circumstances, including their youth.

Missouri Department of Corrections (DOC) spokeswoman Karen Pojmann tells Missourinet that Hicklin’s parole hearing is tentatively set for July 2021. The murder happened in 1995, and Hicklin entered state prison in April 1997 but received credit for time served in the county jail.

Hicklin also contended that the authority of Missouri’s Probation and Parole Board violates the state’s separation of powers. The Missouri Supreme Court rejected that.

Tuesday’s decision was written by Missouri Supreme Court Judge Laura Denvir Stith. You can read the full 20-page ruling here.

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Sen. Hawley in Barrett nomination hearing: People of faith are welcome in high office (AUDIO)

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The U.S. Senate opened hearings today on the nomination of Judge Amy Coney Barrett to the Supreme Court. Missouri’s senator on the Judiciary Committee made his opening statements –- focusing on her religious affiliation.

Senator Josh Hawley said that Barrett has been questioned about her faith before in other hearings and outside of the committee.

“Judge Barrett is a Catholic. We all know that. She is a devout Catholic. We all know that.  She and her husband have chosen to raise their family according to their Catholic beliefs, in faithful fellowship with other Catholics. We all know that. Heck, 65 million Americans are Catholics and many, many millions more are Christians of other persuasions. Are they to be told that they cannot serve in public office?” Hawley said in his opening statements.

A majority of the current U.S. Supreme Court Justices are Catholic.

Hawley said that he looks forward to hearing her legal views and philosophy. He has backed off from earlier statements about wanting to know her specific stance on the Roe v. Wade decision that legalized abortion in America.

He accused Democrats of trying to bring back a colonial standard that was banned by the Constitution in Article 6.

“Freedom of conscience and religious liberties undergirds [sic] all of our other rights,” Hawley said.

“I hope that when we look back at the confirmation hearing of Judge Amy Barrett … that was the year that the attempt to bring back religious tests for office was finally stopped.”

WATCH HEARINGS THIS WEEK

AUDIO EXCERPT OF SEN. HAWLEY’S OPENING STATEMENT:

Hawley says Democrats have threatened to ‘burn down the Constitution’ on SCOTUS confirmation

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Democrats in Washington have ripped Republicans for forging ahead with the confirmation of a new U.S. Supreme Court justice after Friday’s death of Justice Ruth Bader Ginsburg. U.S. Senator Josh Hawley, R-Missouri, says if Republicans do not move forward, they will have a hard time explaining the decision to voters. During an appearance Monday on Fox & Friends, Hawley, a member of the Senate Judiciary Committee, says the U.S. Supreme Court was a central issue in the 2018 election.

U.S. Sen. Josh Hawley (R) speaks to Missourinet during an interview on March 25, 2020 (file photo courtesy of Senator Hawley’s office)

“To say because they lost elections, that now that they will break all of our constitutional norms and standards, they’ll pack courts, they’ll conduct impeachment hearings to stop the president from carrying forward his constitutionally-authorized privileges and responsibilities – that’s insane,” says Hawley. “This is the same party that looks the other way while rioters and looters burn down our towns. Now the Democrats are saying they’ll burn down the Constitution.”

President Donald Trump says he plans to announce a nominee this week to fill the vacancy and vows to choose a woman. Hawley says the Senate could wrap up the confirmation process before Election Day.

“Less than three I would think. I would hope in the range of a week. It will be up to the chairman, Lindsey Graham, to put a schedule together,” says Hawley. “But I will just tell you, I think it should as quickly as possible. We need to move forward here.”

Hawley says he will only vote to confirm U.S. Supreme Court nominees who publicly oppose the Roe vs. Wade court ruling that legalized abortion nationwide.

U.S. Senator Roy Blunt, R-Missouri, joined the CBS political show “Face the Nation” on Sunday to give his position on the matter. He also thinks the confirmation process should begin.

The current U.S. Senate party breakdown is 53 Republicans, 45 Democrats, and 2 Independents who caucus with Democrats. Sen. Susan Collins, R-Maine, has said the upper chamber should note vote to confirm Ginsburg’s successor before the election. Sen. Lisa Murkowski, R-Alaska, said ahead of reports of Ginsburg’s death that she would not vote to confirm a nominee before the election. U.S. Sen. Chuck Grassley, R-Iowa, said in a call with Iowa reporters in July that he would not recommend holding a hearing on a candidate.

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Blunt says vote on SCOTUS nominee different than 2016

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U.S. Supreme Court Justice Ruth Bader Ginsburg’s death on Friday has unleashed a political brawl on Capitol Hill ahead of the November General Election. President Donald Trump says he plans to announce a nominee this week to fill the vacancy and vows to choose a woman.

From left: U.S. Senate Majority Leader Mitch McConnell, President Donald Trump, Missouri U.S. Senator Roy Blunt

U.S. Senate Majority Leader Mitch McConnell, R-Kentucky, says Trump’s nominee will receive a vote. Whether the vote will happen before or after November 3 is unknown but the comments have triggered cries of hypocrisy from Democrats.

U.S. Senator Roy Blunt, R-Missouri, joined the CBS political show “Face the Nation” on Sunday to give his position on the matter. He defended his decision to begin the confirmation process.

“The Constitution is the Constitution. And, you know, it takes two things to replace a Supreme Court judge: one is the president has to nominate and two is the Senate has to determine that they want to deal with that issue at that time,” said Blunt. “And I don’t know that- even with President Obama I said not only will he nominate a replacement in this vacancy, but he probably has a constitutional obligation, just like President Trump does today, to make a nomination– President Trump will.”

Host Margaret Brennan referred to 2016 when she cited Blunt refusing to even meet with President Obama’s nominee, Merrick Garland.

“And you said at the time, Americans will be voting in just a few months and that election should help determine the next member of the Supreme Court. Why has your position changed? Is it simply because Republicans are in power,” asked Brennan.

Blunt referred to comments he said he made several times during the 2016 vacancy.

“Which is two things have to happen for a person to go on the Supreme Court. And in the tradition of the country, when the Senate and the president were in political agreement, no matter what was the election situation, the judges went on the Court and other courts. When they weren’t in agreement, they didn’t. And we were in a situation in 2016 where the White House was controlled by one party, the Senate by another. And the referee in that case was going to be the American people. In this case, both the- the White House and the Senate have some obligation to do what they think in the majority in the Senate is the right thing to do. And there is a Senate majority put there by voters,” said Blunt.

Should we expect the hearings to start before November 3rd?

“You know, I don’t know. That’ll be up to when we- when we get the nominee, what kind of vetting needs to be done,” he said. “If we get it this week, what kind of vetting needs to be done and then what Chairman (Lindsey) Graham, R-South Carolina, decides he can do. This should take as long as it needs to take,” said Blunt.

He has not heard whether a hearing will be held before Election Day.

“This should take as long as it needs to take, but no longer. There is plenty of time to get this done. But to get it done before Election Day, everything has to work, I think, pretty precisely. There- Ruth Bader Ginsburg was confirmed, nominated and confirmed, in 40 days. Other justices have taken longer than that. And I don’t know how this process will move forward,” he said.

The current U.S. Senate party breakdown is 53 Republicans, 45 Democrats, and 2 Independents who caucus with Democrats. Sen. Susan Collins, R-Maine, has said the upper chamber should note vote to confirm Ginsburg’s successor before the election. Sen. Lisa Murkowski, R-Alaska, said ahead of reports of Ginsburg’s death that she would not vote to confirm a nominee before the election. U.S. Sen. Chuck Grassley, R-Iowa, said in a call with Iowa reporters in July that he would not recommend holding a hearing on a candidate.

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Missouri officials react to the death of U.S. Supreme Court Justice Ginsburg

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U.S. Supreme Court Justice Ruth Bader Ginsburg died Friday due to complications of pancreatic cancer. She was surrounded by family at her home in Washington, D.C. at the time of her death. Ginsburg was 87 years old.

She was nominated to the court by President Bill Clinton in 1993. The U.S. Senate voted 96-3 in favor of confirming Ginsburg. Missouri U.S. Senators Jack Danforth and Kit Bond, both Republicans, supported her confirmation. Ginsburg was the second woman appointed to the highest court in the land.

The news of her death has Americans from various political backgrounds sharing their thoughts, including in Missouri.

U.S. Senate Majority Leader Mitch McConnell issued a statement Friday saying his chamber will vote to fill the court vacancy left by Justice Ginsburg. It does not say whether the vote will happen before or after November’s election.

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Missouri’s Hawley rules out U.S. Supreme Court appointment (AUDIO)

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Missouri’s junior senator says he has no interest in a U.S. Supreme Court appointment. U.S. Sen. Josh Hawley (R) says while he appreciates President Donald Trump naming him to a list of potential nominees, he will stay in the Senate.

Missouri Senator Josh Hawley (2020 photo courtesy of Senator Hawley’s office)

“As I said to the president, it’s not an honor I will take him up on,” Hawley says. “There’s a lot of great folks who would be wonderful on the Supreme Court, and my role in this process is going to be to fight to confirm pro-constitution justices to that court and judges to every other federal court.”

Hawley, who serves on the Senate Judiciary Committee on Capitol Hill, says Missourians elected him to fight for them in Washington. During a Thursday interview with Missourinet, Hawley also says the president is trying to reform the process for Supreme Court nominees. He says President Trump inherited a process from previous GOP presidents “that frankly didn’t work very well.”

“And you can just look at the results of what we’ve seen from this court (U.S. Supreme Court) to see that, I mean over the years Republicans have appointed justice after justice who have not adhered to the Constitution and who have not frankly upheld the rule of law,” says Hawley.

Hawley unseated U.S. Sen. Claire McCaskill (D) in 2018.

The “Washington Post” reported this week that President Trump is challenging Democratic presidential nominee Joe Biden to release his own list of prospective nominees. The newspaper quotes President Trump as saying the next president could nominate “one, two, three and even four Supreme Court justices.”

One other Missourian made the president’s list this week: U.S. District Judge Sarah Pitlyk, who serves Missouri’s Eastern District. She also served as a law clerk to then-Judge Brett Kavanaugh on the U.S. Court of Appeals for the District of Columbia.

Listen to interview:

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BREAKING: Missouri becomes first state to execute a prisoner during coronavirus outbreak

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At 6:10 p.m. today, convicted murderer Walter Barton, 64, was pronounced dead at the state prison in southeast Missouri’s Bonne Terre. Barton was convicted of first-degree murder for the 1991 brutal stabbing death of 81-year-old Gladys Kuehler of southwest Missouri’s Ozark.

Convicted murderer Walter Barton was executed on May 19, 2020 at the maximum-security prison in Bonne Terre (undated photo courtesy of the Missouri Department of Corrections)

His death makes Missouri the first state in the nation to follow through with an execution since the coronavirus began wreaking havoc on the U.S. According to CBS News, COVID-19 concerns have led to other states postponing executions among death row inmates. The Death Penalty Information Center lists Alabama as carrying out the last execution – on March 5.

Missouri Department of Corrections spokesperson Karen Pojmann tells Missourinet social distancing measures were taken to protect those involved in the execution. She says the nine witnesses were divided into three rooms big enough for them to stay 6 feet apart. According to Pojmann, everyone who entered the prison were screened, with a temperature check, before being allowed to enter, and everyone was given a face cover and hand sanitizer.

Pojmann says no staff or inmates at the maximum-security prison have tested positive for COVID-19.

For nearly 30 years, Barton’s case has been working its way through the court system by way of five different trials. His attorneys attempted to have their client’s execution overturned by claiming the man is innocent and is also incompetent to be put to death due to a brain injury. The 8th Circuit Court of Appeals and the U.S. Supreme Court denied Barton’s appeals and Gov. Mike Parson told reporters Monday that he did not foresee any reason to intervene.

Despite Parson’s comment, death penalty opponents went to Jefferson City today to urge the governor to grant clemency to Barton. A caravan of vehicles drove by the Governor’s Mansion honking and flashing their vehicle lights. A press release from the organizers says key testimony against Barton came from a jailhouse snitch with a long criminal history of crimes of dishonesty such as fraud, bad check writing, forgery, escape and the use of aliases. The release says the state agreed to drop a pending charge against that witness in exchange for her testimony against Barton.

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Missouri Governor Parson: Barton execution “will move forward as scheduled”

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The governor says the execution of a convicted southwest Missouri killer will move forward, clearing the way for Tuesday evening’s scheduled execution in Bonne Terre.

Convicted murderer Walter Barton is scheduled to be executed on May 19, 2020 at the maximum-security prison in Bonne Terre (undated photo courtesy of the Missouri Department of Corrections)

Governor Mike Parson told Capitol reporters on Monday in Jefferson City that he hasn’t seen any reason to intervene in Walter Barton’s scheduled execution, saying “that will move forward as scheduled.”

Parson spokeswoman Kelli Jones told Missourinet on Monday evening that, at this time, “Governor Parson fully anticipates carrying out the court order and discharging his duties as prescribed by law, on May 19.”

In another defeat for Barton, the 8th Circuit Court of Appeals has vacated U.S. District Judge Brian Wimes’ stay in the case. In a nine-page ruling, the Circuit Court of Appeals wrote, in part: “We vacate the stay of execution and remand with instructions to dismiss Barton’s petition because we see no possibility of success on the merits of either of Barton’s claims.”

Barton’s attorneys have made two main claims: that he is innocent and is also incompetent to be put to death.

Barring intervention from the U.S. Supreme Court, Barton will be executed by lethal injection Tuesday night at the maximum-security prison in Bonne Terre.

He was convicted of first degree murder for the 1991 killing of 81-year-old Gladys Kuehler in Ozark, south of Springfield. She managed a mobile home park. Court documents say that Kuehler, who was unable to move without the assistance of a cane, was stabbed more than 50 times, including 23 times in the back.

The court documents also indicate that her throat “had been cut from ear to ear.”

Judge Wimes issued the stay of execution on Friday, saying he needed more time to review the claims from Barton’s lawyers.

This case has been working its way through the state and federal court system for almost 30 years. The “Springfield News-Leader” notes Barton was first convicted in 1994, and ended up having five trials because two convictions were overturned on appeal.

Barton’s attorneys are hoping the U.S. Supreme Court will consider the case on Tuesday. Unless the U.S. Supreme Court issues a stay, Barton will be executed.

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UPDATE: 8th Circuit Court of Appeals vacates stay of execution for convicted Missouri killer

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UPDATE: The 8th Circuit Court of Appeals has issued a ruling, vacating the stay of execution for convicted southwest Missouri killer Walter Barton.

In their nine-page ruling, the 8th Circuit Court of Appeals writes, in part: “We vacate the stay of execution and remand with instructions to dismiss Barton’s petition because we see no possibility of success on the merits on either of Barton’s claims.”

Barton is scheduled to be executed Tuesday evening at the maximum-security prison in Bonne Terre. Barring intervention from the U.S. Supreme Court or clemency from Governor Parson, Barton will be executed by lethal injection.

BRIAN’S ORIGINAL STORY FROM MAY 17, 2020:

A federal judge has issued a stay of execution in the case of a convicted southwest Missouri killer, who was scheduled to be executed Tuesday evening at the maximum-security prison in Bonne Terre.

Convicted murderer Walter Barton’s case has been working its way through the court system for almost 30 years (undated photo courtesy of the Missouri Department of Corrections)

64-year-old Walter Barton was convicted of first degree murder for the 1991 killing of 81-year-old Gladys Kuehler. She managed a mobile home park in the small town of Ozark, which located in Christian County, south of Springfield.

U.S. District Judge Brian Wimes issued the stay on Friday, saying he needs more time to review claims from Barton’s attorneys. Judge Wimes has given Barton a 30-day reprieve, and outlines his reasons in a seven-page ruling.

“At a minimum, equity requires this Court’s meaningful consideration the petition for habeas relief, which the Court anticipates would require no more than 30 days from today’s (May 15th) date to complete,” Judge Wimes writes.

Missouri Attorney General Eric Schmitt’s office is appealing the stay. Unless the federal Circuit Court of Appeals or the U.S. Supreme Court lifts the stay, Barton will not be executed Tuesday.

Barton’s attorneys have raised concerns about evidence used at the trial, and the “Kansas City Star” reported Friday that the attorneys also say that Barton suffered a brain injury and is incompetent to be executed.

The arguments that Barton’s lawyers made to obtain the stay are essentially the same arguments that they used unsuccessfully in April, with the Missouri Supreme Court in Jefferson City.

In late April, the Missouri Supreme Court unanimously denied Barton’s petition for a writ of habeas corpus, which cleared the way for the execution. A writ of habeas corpus is essentially a court order that demands that a warden deliver an incarcerated person to the court and show a valid reason for the inmate’s imprisonment.

Barton’s attorney, Frederick Duchardt Jr., filed paperwork with the court, which said that Barton is innocent and is incompetent to be put to death.

In late April, the Missouri Supreme Court unanimously rejected both arguments, saying that Barton has not offered sufficient evidence to show actual innocence. The Missouri Supreme Court also found that Barton hasn’t shown that he experiences gross delusions which prevent him from understanding the meaning of the death sentence.

This case has been working its way through the state and federal court system for almost 30 years.

The “Springfield News-Leader” notes Barton was first convicted in 1994, and ended up having five trials because two convictions were overturned on appeal.

Court documents say Kuehler, who was unable to move without the assistance of a cane, was stabbed more than 50 times, including 23 times in the back. Court documents also indicate that Kuehler’s throat “had been cut from ear to ear.”

In February, the Missouri Supreme Court scheduled a May 19th execution date for Barton. Executions in Missouri are conducted by lethal injection at the prison in southeast Missouri’s Bonne Terre.

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Missouri Supreme Court rejects request from convicted killer, clearing way for May execution

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The Missouri Supreme Court has unanimously denied a request from a convicted murderer from southwest Missouri’s Ozark, clearing the way for his execution to take place next month in Bonne Terre.

Convicted murderer Walter Barton is scheduled to be executed on May 19, 2020 in Bonne Terre (undated photo courtesy of the Missouri Department of Corrections)

The Supreme Court has denied 64-year-old Walter Barton’s petition for a writ of habeas corpus. A writ of habeas corpus is essentially a court order that demands that a warden deliver an incarcerated person to the court and show a valid reason for the inmate’s imprisonment.

Barton’s attorney, Frederick Duchardt Jr., filed court papers which say Barton is innocent and incompetent to be put to death.

The Supreme Court rejected both arguments. They say Barton has not offered sufficient evidence to show actual innocence. The Supreme Court also found that Barton hasn’t shown that he experiences gross delusions which prevent him from understanding the meaning of the death sentence.

In February, the Missouri Supreme Court scheduled a May 19th execution date for Barton at the maximum-security prison in southeast Missouri’s Bonne Terre.

The case has been working its way through the court system for almost 30 years.

The “Springfield News-Leader” notes Barton was first convicted in 1994, and ended up having five trials because two convictions were overturned on appeal.

Barton was convicted of first degree murder for the 1991 killing of 81-year-old Gladys Kuehler. She managed a mobile home park in the small town of Ozark, which is south of Springfield.

Court documents say Kuehler was stabbed more than 50 times, including 23 times in the back. Court documents indicate that her throat “had been cut from ear to ear.”

Barton will be executed by lethal injection in Bonne Terre, unless a federal court intervenes. Barton and Counselor Duchardt could also seek clemency from Governor Mike Parson.

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