Education

• Yale Law School, J.D., June 7, 1984

• Harvard University, Ph.D. in Political Science, November 14, 1978

• Specialty in constitutional law

• National Science Foundation Graduate Fellow, 1972-75

• Boston University, A.B., May 23, 1971

o Bachelor of Arts, summa cum laude, with Distinction in Philosophy and Political Science

• Phi Beta Kappa, Epsilon of Massachusetts, May 21, 1971

Employment

The following narrative of this attorney’s employment refers to results. The result in any case depends on the facts of that case; the state of the law at the beginning of the case; the identity of the tribunal, opposing counsel, and co-counsel (if any); the tribunal’s willingness to follow the law or to extend, modify, or reverse existing law or to establish new law in the course of the representation; the willingness of the client and the persons engaging counsel to follow the advice of counsel; and other factors beyond counsel’s control. Information on the cases referred to in this document is not a prediction—let alone a guaranty—of a result in any future case in conformity with any pattern.

· Solo practice (July 1, 1999, to June 25, 2006, and March 1, 2008-present)

• Filed federal civil rights action, and participated heavily in follow-up litigation, leading to reform of lethal-injection process and to stays of execution that stopped executions in Missouri for three and a half years that have held the state to two executions since 2005

• Represents petitioners in federal habeas corpus proceedings (including capital litigation)
• Advises, prepares, and represents convicted persons seeking parole or executive clemency

· Associate Trial Counsel, Capital Division, Missouri State Public Defender System (June 26, 2006, to February 29, 2008)

• Chiefly responsible for pretrial motions in team of three trial attorneys
• Conducted numerous depositions in prison-killing case
• Personally and substantially participated in the only three cases disposed of by team during or immediately after employment with MSPDS, all three of which were resolved without a penalty of death

· Member, Inglish & Monaco, P.C. (December 1, 1996, to June 30, 1999)

o Represented petitioners in federal habeas corpus proceedings (including capital litigation)

o Served as special public defender

o Provided advice and regulatory advocacy for insurance companies and their personnel

o Engaged in civil and criminal litigation from Missouri Associate Circuit Court through the Supreme Court of the United States, orally arguing in the latter Court

· Assistant Attorney General, State of Missouri (January 27, 1986-November 30, 1996)

o General litigation, Criminal and Litigation Divisions (January 1986-January 1989)

§ Defended over two hundred fifty (250) cases, involving motions, discovery, hearings, jury trials, and appeals; only one (1) dollar in damages awarded and upheld

§ Briefed economic development cases for State as amicus curiae

§ Served as the civilian counsel for the Missouri National Guard and Army Reserve

o Desegregation litigation, Litigation Division (June 1988-January 1991)

o Habeas corpus litigation, Criminal Division (January 1991-November 1996)

§ Handled seven hundred (700) cases in state and federal courts; only one (1) prisoner released

§ Served as special prosecutor in murder and rape post-conviction relief proceedings

· Law clerk (later associate), Spencer, Fane, Britt & Browne, Kansas City, Missouri (June 1984-January 1986)

o Briefed constitutional challenges to utility rate regulation decisions

o Researched and drafted briefs, pleadings, and memoranda in environmental, commercial, and probate litigation

· Summer clerk, Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, Nebraska (June-August 1983)

• Researched and prepared briefings and memoranda on statutory construction issues including municipal law and securities fraud

· Lecturer in Political Science, Yale University (September-December 1982)

o Organized and taught course on constitutional law for graduate and undergraduate students

§ Supervised four (4) teaching assistants

· Summer associate, Bernstein, Shur, Sawyer & Nelson, Portland, Maine (June-August 1982)

• Researched, drafted, and edited brief defending naval shipyard bond issue against state constitutional challenge

· Consultant, Marshall, Raymond, Beliveau, Dionne & Bonneau, Lewiston, Maine (summer 1981)

• Researched and wrote on constitutional issues for defense counsel in murder case

· Instructor (later assistant professor), Bates College, Lewiston, Maine (1975-81)

o Taught subjects including writing, quantitative methods, and computer science as well as political science, with concentration on constitutional law

o Supervised teaching assistants in methods course

· Teaching Fellow in Government, Harvard University (1973-75)

o Served as head section instructor in constitutional law course

o Taught independently in junior seminars on constitutional law

o Directed two senior theses on constitutional law

· Administrative Assistant, Central Data Processing Division, Department of Administrative Services, State of Nebraska (summers 1970 and 1971)

o Designed systems for automating state licensing records

o Completed IBM courses on computer science fundamentals and on systems design and analysis

Awards

• 2010 Spotlight award by Missourians for Alternatives to the Death Penalty
• 2008 Atticus Finch award by Missouri Association of Criminal Defense Lawyers
• 2006 Litigator of the Year award by Missourians to Abolish the Death Penalty

Affiliations and Activities

• Bar Admissions
• Federal courts

• Supreme Court of the United States

• U.S. Court of Appeals for the Eighth Circuit
• U.S. Court of Appeals for the Seventh Circuit

§ U.S. District Courts for the Eastern and Western Districts of Missouri

• U.S. District Court for the Southern District of Illinois

• The Missouri Bar (# 34535)

• Criminal Law Committee

• Chair (1995-96, 1996-97)

• Continuing Legal Education Chair (1993-95)

• Representative professional affiliations (including past and present memberships)

• American Bar Association

§ Criminal Justice Section

§ Section of Individual Rights and Responsibilities

• Amnesty International/USA 
• American Civil Liberties Union (ACLU)

• National Association of Criminal Defense Lawyers (NACDL)
• National Legal Aid & Defender Association   (NLADA)

• Missouri Association of Criminal Defense Lawyers   (MACDL)

§ Board Member (1998-2002 & 2005-present)

§ Legislative Committee Member (1997-present), Chair (2008-2011)

o Bar Association for the Central and Southern Federal District of Illinois (BACS)

Educational Service

• International Institute of Metropolitan St. Louis

o Lecturing on Anglo-American constitutional tradition for advanced English as a Second Language (ESOL) students

o Assisting certified ESOL faculty in use of music and PowerPoint® as instructional methods

• Continuing legal education presentations:

• Facilitator, Litigating Lethal Injection Claims in Missouri, Missouri State Public Defender System, Winter Workshops, St. Louis (December 13, 2006)
• Organizer/Moderator, Ethical Considerations in the Defense and Prosecution of Criminal Cases and Post-Conviction Relief Proceedings, Missouri Bar Fall Committee Meetings, Columbia (November 15, 1996)

• Organizer/Moderator/Panelist, Antiterrorism and Effective Death Penalty Act of 1996, Missouri Bar/Missouri Judicial Conference Annual Meeting, Kansas City (September 20, 1996)

• Organizer/Moderator, Ethical Dilemmas Facing Defense Counsel Who Are Accused of Ineffective Assistance of Counsel, Missouri Bar/Missouri Judicial Conference Annual Meeting, Kansas City (September 19, 1996)

• Organizer/Moderator, Practical and Systemic Lessons Missouri Lawyers and Judges Can Learn from the State Criminal Trial of O.J. Simpson, Missouri Bar Fall Committee Meetings, Columbia (November 10, 1995)

• Organizer/Moderator/Panelist, Recent Developments in Post-Conviction Relief Practice, Missouri Bar/Missouri Judicial Conference Annual Meeting, Springfield (September 21, 1995)

• Organizer/Moderator/Panelist, Sentencing Issues, Missouri Bar/Missouri Judicial Conference Annual Meeting, Kansas City (September 22, 1994)

• Organizer/Moderator/Panelist, Recent Developments in Missouri DWI Law, Missouri Bar/Missouri Judicial Conference Annual Meeting, St. Louis (September 29, 1993)

• Commentator, New Directions in Federal Civil Practice and Procedure, The Missouri Bar, Jefferson City (June 25, 1993)

• Panelist, Proposed Amendments to the Federal Rules of Civil Procedure, Federal Court Practice and Procedure, Office of the Attorney General, Jefferson City (March 17, 1993; April 27, 1993)

• Panelist, Implications of Missouri v. Jenkins, 495 U.S. 33 (1990), for Institutional Injunction Litigation, Association of State Mental Health Attorneys, Kansas City (October 2, 1990)

• Continuing legal education authorship: Co-Author, with Elizabeth Unger Carlyle, “Criminal and Habeas Corpus Appeals,” Eighth Circuit Appellate Practice Manual (3d ed. 2005; 4th ed. 2007; 5^th ed. 2010)

· Academic courses taught (unless otherwise noted, at Bates College)

o Public Law & Judicial Behavior

§ Junior Seminars (2) (Harvard) (1973-74)

§ Senior Thesis Supervision (2) (Harvard) (1974-75)

§ The Supreme Court (Constitutional Law) (Harvard) (head section instructor) (1974)

§ Judicial Power & Economic Policy (6 times plus once as junior seminar at Harvard) (the first half of a comprehensive, year-long course on American constitutional law)

§ Civil Rights & Civil Liberties (3-4 times at Bates plus once, in part, as junior seminar at Harvard) (the second half of a comprehensive, year-long course on American constitutional law)

§ Comparative Judicial Politics

§ Constitutional Law (Yale) (fall 1982)

o Methods

§ Introduction to Political Analysis (3 times) (covered epistemology, philosophy of science, empirical political theory, statistics through multiple regression analysis, computer data entry, research design, social-science ethics, and survey procedures, including (each time the course was offered) participation in the actual designing and carrying out of a class survey in Lewiston, Maine, entry of one’s findings into computer, and preparation of a paper on the basis of the research)

o Political Thought

§ Ancient & Medieval Political Thought

§ Modern Political Thought

§ American Political Thought

§ Contemporary Political Thought

§ Machiavelli: The Problem of Ends & Means (freshman seminar)

§ The Just War (freshman seminar)

o Combining Political Behavior, Public Law, and Political Thought

§ The American Presidency

Extra-Professional Service

· Public office:

o State Representative, 109th Maine Legislature (elected November 1978; served January 1979-December 1980)

§ Member, Joint Standing Committee on Judiciary

• Lay Member, Maine Judicial Council, 1981-1983 (appointed by Governor)

• Community activities:

• Rotary International

§ Rotary Club of St. Louis (No. 11)

§ Member, 2001-07 & 2008-present

§ Member, Program Committee, 2001-07 & 2008-present

Co-Chair for Special Programs, 2006-07

§ Board Member, 2006-07

· Attended Rotary International Centennial Convention, Chicago, 2005

• Rotary Club of Kansas City (No. 13)

§ Member, 1985-86 & 2007-08

§ Member, Program and Invocation Committees

Co-Chair of Program Committee, 2007-08

§ Assistant Sergeant-at-Arms, Rotary International Convention, Kansas City, 1985

§ Attended Rotary International Convention, Salt Lake City, 2007

• Jefferson City Club

§ Immediate Past President, 1998-2000

§ President, 1997-98

§ Vice-President and Program Chairman, 1996-97

§ Newsletter editor, publisher, or writer, 1987-96 & 1999

§ Paul Harris Fellow

• Episcopal Church

• Parishioner, layreader, and semiprofessional choir member, Christ Church Cathedral, St. Louis, Missouri (May 2010-present)
• Licensed lay reader & chalice administrator (September 2002-May 2010), and member of semiprofessional choir (September 2002-August 2006 and June 2008-May 2010), St. Peter’s Church, Ladue, Missouri
• Guest lay reader, St. Mary’s Episcopal Church, Kansas City, Missouri (officiant at Morning Prayer on Thursdays, September 2007 through May 2008)
• Licensed lay reader & chalice administrator, Trinity Church, St. Louis (October 2001-August 2002) (8:00 a.m. service)
• Semiprofessional choir member, Christ Church Cathedral, St. Louis (October 2001-August 2002) (11:15 service)
• Lay eucharistic minister, licensed lay reader & chalice administrator, and parish choir member, Calvary Church, Columbia (1986-2001)

• Semiprofessional choir member, music committee member, and lector, Grace & Holy Trinity Cathedral, Kansas City (1984-86)

• Senior warden, clerk, diocesan convention delegate, licensed lay reader, and parish choir member, Trinity Church, Lewiston, Maine (1977-84)

• Subdeacon, Church of the Advent, Boston (1971-75); professional choir member (1971-73)

• International Institute of Metropolitan St. Louis (volunteer) (see Educational Service section of this resumé for specific tasks)
• County House Branch Neighborhood Association, Columbia, Missouri, 1996-2001

• Vice-President and Bylaws Chair, 1996-97

• Director, 1997-99

• President, 1999-2000
• Drafted bylaws to obtain city recognition and to anticipate “SLAPP suits” against members and officers

• Assisted in obtaining $15,000 remedy for dangerous, unsightly concrete culvert through residential neighborhood

• University of Missouri School of Law, Moot Court and Trial Practice Judge (Columbia, 1986-2001)

• American Legion Oratorical Contest Judge and debate judge for area high schools (Central Missouri, 1986-2001)
• Supervisory Election Judge, St. Louis County (2001-2010)

• Vocal music (besides church choirs):
• Saint Louis Symphony Chorus, 2005-06 (including singing at Carnegie Hall); 2008-present
• Kansas City Symphony Chorus, 2007-08
• Fine Arts Chorale of Kansas City, Fall 2007
• Union Avenue Opera, H.M.S. Pinafore, Concert Version, St. Louis, April 28-29, 2006 (Sailor)

• University of Missouri, University Choral Union

§ Chorus member in nine concerts and five operas, 1991-99

§ Soloist ("Baron Douphol") in La Traviata, July 23, 1993

• Bass Soloist, Messiah Sing-Along with Columbia Civic Orchestra, December 15, 1996