Willie Simmons

Background

Willie Simmons was involved in a case in which the Missouri Supreme Court later considered appeals and in which the United States Court of Appeals for the Eighth Circuit granted habeas relief as to the penalty phase of his trials and remanded the cases for new penalty phases.

The offence

On the evening of November 30, 1987, neighbors heard screams and thumping noises emanating from Cheri Johnson's Plaza Square apartment. Cheri Johnson was found dead, beaten in the head and strangled with a distinctively colored necktie.

Scratch marks on Johnson's fingers were consistent with forcible removal of jewelry.

Willie Simmons was convicted of first degree murder in the death of Leonora McClendon. He was sentenced to life without parole on February 23, 2003. The record also states that he had originally received the death penalty for both murders, with separate case references for the Johnson murder and the McClendon murder.

Investigation

A building security guard investigated the noises. He knocked on Johnson's apartment door several times before a male voice said that everything was okay and that the woman was sleeping. The security guard asked to be let inside the apartment, but there was no further response. Eventually, the security guard departed.

The next day, Johnson did not show up for work. Police found her dead during their investigation.

During an examination of the apartment, police discovered a carnation wrapped in purple paper. Police traced this carnation to a flower shop in St. Louis Centre, where employees informed them that the purple paper was unique to their shop. The employees stated that the previous day the only person who had bought a carnation was a man wearing a tie matching the one around Johnson's neck.

One of the employees thought that the man worked at Walgreen's. Police inquired at Walgreen's and found that although he no longer worked there, the man's name was Willie Simmons.

Police arranged for Simmons to come in for an interview in early December, but he did not appear. Police then began searching for him.

Arrest

On January 3, 1988, Simmons came to the homicide office.

He gave increasingly incriminating responses to police questioning. At first, he asserted that he had met Johnson but had never been to her apartment. Next, he said that they had had a relationship, that she had given him a key to her apartment, and that he kept some items of clothing there, including the distinctive tie. Finally, he said that on November 30, he had gone to Johnson's apartment to take her the carnation and other items, but had left these items at her front door and had not gone in the apartment; later, he said he had gone inside the apartment that day.

Simmons could not produce for police the alleged key to Johnson's apartment.

Police arrested Simmons for Johnson's murder and seized his billfold. The police recovered three pawn tickets and claim checks for photographs being developed.

Two of the pawn tickets were for jewelry belonging to Johnson and the other was for a watch owned by McClendon.

Trial

Simmons first explained the presence of these pawn tickets by saying that Johnson had given him the jewelry to pawn to raise money to fix his automobile. He then changed his story and said that he had stolen the jewelry from Johnson's apartment after finding her dead on the floor.

The photographs police recovered from the claim checks included numerous images of Simmons, including one of him wearing the distinctive tie found around Johnson's neck and one of him at the flower shop where he had bought the carnation.

The record also included a separate procedural matter regarding Simmons's appeal from an order denying his motion for plain error review under Rule 29.12(b). In that proceeding, Willie Simmons, Jefferson City, pro se, appealed from the order denying his motion for plain error review under Rule 29.12(b). Jeremiah W. (Jay) Nixon, Atty. Gen., Stephanie Morrell, Attorney Co-Counsel, Jefferson City, appeared for the respondent.

The appeal is dismissed. The record states: "No right of an appeal exists without statutory authority."

The record states that the Supreme Court subsequently transferred the case to this Court.

The record states that Simmons filed with the trial court a motion for plain error review under Rule 29.12(b) on October 3, 2005, and the trial court entered an order denying the motion on October 12, 2005. After receiving leave from the Missouri Supreme Court to file a late notice of appeal, Simmons appealed to the Missouri Supreme Court on March 8, 2006.

In the discussion of jurisdiction, the opinion cited State v. Williams and State v. Larson regarding final judgments and cited Vernor v. State regarding no independent basis for a motion under Rule 29.12(b) to enforce claims of plain error. The opinion stated that without an independent basis for the motion, there could be no appealable judgment, and that there was no statute providing the right to appeal from a Rule 29.12(b) motion.

The court said it had a duty to sua sponte determine jurisdiction and issued an order directing Simmons to show cause why his appeal should not be dismissed for lack of jurisdiction. The State filed a motion to dismiss on the same grounds.

Simmons's responses presented three primary arguments to support his claim of jurisdiction. The opinion addressed each argument:

1. that the State did not challenge jurisdiction at the trial court and therefore should be precluded from challenging it on appeal;
2. that two cases decided by the Jackson County Circuit Court in April of 2001 were controlling;
3. that the Missouri Supreme Court had concluded it had jurisdiction in 29.12(b) cases and therefore the court should transfer the case since it disagreed.

The opinion held that under Vernor it had no jurisdiction over Simmons's appeal and granted the State's motion to dismiss, dismissing the appeal for lack of a final, appealable judgment.

The opinion included concurrence by Glenn A. Norton, J. and Patricia L. Cohen, J.

Sentencing

Simmons was sentenced to death in 1989.

The record states that his sentence was reversed and remanded to a lower court on July 25, 2003. It also states that he was resentenced to life in prison on July 25, 2003.

The record states that in the McClendon case, Simmons was sentenced to life without parole on February 23, 2003.

The record also stated that at that time he received a punishment of life imprisonment without parole for each offense.

Appeals

The record stated that Simmons's convictions and the denial of his Rule 29.15 motion for post-conviction relief in each case were affirmed by the Missouri Supreme Court.

It stated that the Eighth Circuit Court of Appeals granted Simmons's petition for habeas relief in both cases as to the penalty phase of his trials and remanded the cases for new penalty phases. The record then stated that his current appeal related only to the case involving the murder of Leonora McClendon.

The record also included an opinion dismissing Simmons's appeal from an order denying his motion for plain error review under Rule 29.12(b), for lack of a final, appealable judgment.

The record stated:

• "No right of an appeal exists without statutory authority. State v. Williams, 871 S.W.2d 450, 452 (Mo. banc 1994)."
• "In criminal cases, section 547.070, RSMo 2000, allows appeals from final judgments, which occur when the court enters a judgment of conviction and sentence. State v. Larson, 79 S.W.3d 891, 893 (Mo. banc 2002)."
• "Defendant is not appealing from his judgment of conviction or sentence, but rather an order denying his motion for plain error review under Rule 29.12(b)."
• "Under Vernor v. State, this Court held that there is no independent basis for a motion under Rule 29.12(b) to enforce claims of plain error. 30 S.W.3d 196, 197 (Mo.App. E.D.2000)."
• "Without an independent basis for the motion, there can be no appealable judgment. Id."
• "Moreover, there is no statute providing the right to appeal from a Rule 29.12(b) motion. Id."
• "This Court has a duty to sua sponte determine our jurisdiction. State v. Dunn, 103 S.W.3d 886, 887 (Mo.App. E.D.2003)."
• "We issued an order directing Defendant to show cause why his appeal should not be dismissed for lack of jurisdiction."
• "In his responses, Defendant presents three primary arguments to support his claim that this Court has jurisdiction."
• "First, Defendant contends the State did not challenge jurisdiction at the trial court, so should be precluded from challenging it here. However, the question of jurisdiction may be raised at any stage of the proceedings, even for the first time on appeal. Vance Bros., Inc. v. Obermiller Const. Services, Inc., 181 S.W.3d 562, 564 (Mo. banc 2006)."
• "Second, Defendant contends that two cases decided by the Jackson County Circuit Court in April of 2001 are controlling. However, in this district of the Court of Appeals, the Vernor decision controls."
• "Moreover, after the Jackson County cases were decided, the Western District of the Court of Appeals adopted our decision in Vernor and the Jackson County cases are no longer good law in the Western District. Harris v. State, 48 S.W.3d 71, 72-73 (Mo.App. W.D.2001)."
• "Finally, Defendant says the Missouri Supreme Court has concluded that it has jurisdiction in 29.12(b) cases and therefore, we should transfer the case to the Missouri Supreme Court since we disagree."
• "Defendant relies upon State ex. rel Mertens v. Brown, 198 S.W.3d 616 (Mo. banc 2006)."
• "However, this case did not involve an appeal from a Rule 29.12(b) motion, but instead was an extraordinary writ petition filed in the Missouri Supreme Court. Id. at 617-618."
• "Therefore, it does not support Defendant's assertions."
• "Under Vernor, this Court has no jurisdiction over Defendant's appeal."
• "The State's motion to dismiss is granted."
• "The appeal is dismissed for lack of a final, appealable judgment."

The record also referenced:

• "Simmons was also convicted in a separate trial of first degree murder in the death of Cheri Johnson."
• "He originally received the death penalty for both murders."
• "His convictions and the denial of his Rule 29.15 motion for post-conviction relief in each case was affirmed by the Missouri Supreme Court."
• "State v. Simmons, 955 S.W.2d 729 (Mo. banc 1997) (Johnson murder) and State v. Simmons, 955 S.W.2d 752 (Mo. banc 1997) (McClendon murder)."
• "The Eighth Circuit Court of Appeals granted Simmons's petition for habeas relief in both cases as to the penalty phase of his trials and remanded the cases for new penalty phases. Simmons v. Luebbers, 299 F.3d 929, 942 (8th Cir.2002)."
• "At that time, Defendant received a punishment of life imprisonment without parole for each offense."
• "Defendant's current appeal relates only to the case involving the murder of Leonora McClendon."

The record also stated:

• "The Southern District has also concluded that Rule 29.12(b) does not provide an independent basis for a motion. State v. Massey, 990 S.W.2d 201, 204 (Mo.App. S.D.1999)."

Outcome

The record states that Willie Simmons's sentence was reversed and remanded to a lower court on July 25, 2003, and that he was resentenced to life in prison on July 25, 2003.

The record also states that, in the appeal from the order denying his motion for plain error review under Rule 29.12(b), the appeal was dismissed for lack of a final, appealable judgment and the State's motion to dismiss was granted.

Aftermath

The record stated that the Eighth Circuit Court of Appeals granted Simmons's petition for habeas relief in both cases as to the penalty phase of his trials and remanded the cases for new penalty phases, and that he received a punishment of life imprisonment without parole for each offense at that time.

Other details

The record contained docket and citation information including "United States Court of Appeals For the Eighth Circuit opinion 01-2663 State of Missouri v. Willie Simmons 955 S.W.2d 752 (Mo.banc 1997)" and included Missouri Court of Appeals information "No. ED 88880" and a date "December 26, 2006."

The record listed "MOTIVE: PC-nonspecific" and "MO: Bludgeoned/strangled women during home invasions."

The record also stated: "home last updates contact" as part of the scraped text artefact and included headings "SEX: M" and "RACE: B" alongside a field "TYPE: T."