Free Byron Case News
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4920 Main
Kansas City, MO 64112
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February 26, 2010
Byron Case grants his first interview in eight years, appearing live on-air with Evelyn Case, to discuss his case, the Skeptical Juror book, the law, and the overall experience of imprisonment. The invitation to appear was from KKFI's Sharon Lockhart, host of the station's "Every Woman" program. Thanks again, Sharon!
February 13, 2010
UMKC's Professor Kowaluk has Evelyn Case once again speak about Byron's case, this time with copies of The Skeptical Juror in hand for the students.
March, 2010
Byron files his pro se petition for rehearing with the Eight Circuit Court of Appeals, challenging the Court on its obvious failure to comply with the standard of review ("obvious" in that there is no way the Court could have made the required thorough review of the district court's file, given the file's size and the amount of time the Court took to deny him a certificate of appealability.)
February 13, 2010
UMKC's Professor Kowaluk has Evelyn Case once again speak about Byron's case, this time with copies of The Skeptical Juror in hand for the students.
February 11, 2010
The book The Skeptical Juror and the Trial of Byron Case is available for purchase online at Amazon. At long last, a reasoned and fair assessment of the treatment Byron received in the justice system! See skepticaljuror.com for more information.
November 21, 2009
Evelyn Case is again invited to speak at Professor Gary Kowaluk's Wrongful Convictions class.
October 30, 2009
US District Court judge Gary Kays denies Byron's certificate of appeal ability application. The case is forwarded to the United States Eighth Circuit Court of Appeals for review.
October 26, 2009
Now without the assistance of an attorney to offer legal counsel, Byron files his application for a certificate of appealability pro se (on his own).
September 29, 2009
Judge Gary Kays issued a ten-page opinion denying Byron's habeas corpus petition. The single silver lining in this instance lies in the judge's response to Byron's third claim (regarding the admission of his pre-arrest silence as substantive evidence of guilt): Petitioner notes that while neither the Supreme Court nor the Eighth Circuit have ruled on this issue, several Circuits have adopted the Petitioner's view. The Court has reviewed this authority, and it would certainly support his position. ...Petitioner fails to note that there is strong authority for the opposite conclusion in multiple Circuits as well. ...This is an interesting issue that may be ripe for review by the Supreme Court, but it is not within this Court's authority to grant habeas relief on the basis of this claim.
July 5, 2009
Evelyn Case appears on Georgia public radio to briefly discuss Byron's wrongful conviction.
June 19, 2009
The traverse to the State's response to the order to show cause is filed. Now the Court must decide whether to grant Byron a writ of habeas corpus on the merits of the two parties' respective arguments. More anxious waiting.
June 13, 2009
Evelyn Case returns to Sharon Lockhart's "Every
Woman" show, on KKFI community
radio, for a second guest appearance to discuss the travesty of her
son's case.
May 17, 2009
Once again, the Wrongful Conviction class at the University of Missouri, Kansas City, invites Evelyn Case to speak.
April 16, 2009
Assistant Attorney General Andrew Hassell files the State's rebuttal to Byron's petition, the response to order to show cause.
March 8, 2009
With substantial content provide by Professor Gary Kowaluk, Byron's petition for a writ of habeas corpus is filed with the United States District Court of the Western District of Missouri, at Kansas City. In it are argued claims of Fifth and Fourteenth Amendment violations, based on the admission into evidence of Byron's so-called "tacit admission," as well as his pre-arrest silence (not actually the same thing, legally speaking) and the trial court's determination that there was sufficient evidence for reasonable jurors to return a guilty verdict.
September 25,
2008
Byron's mother, Evelyn Case, and supporters
attend the Midwestern Innocence Project's annual fundraiser
and meet with guest speaker, Chad Lowe.
July 23, 2008
An article on the unrelated arrainment of Robert WitbolsFeugen, Anastasia's father, is posted to the Pitch
website. The article mentions Byron and contains commentary by Evelyn Case. Click
here to read it.
July 12, 2008
Byron's mother, Evelyn Case, speaks by invitation
at Professor Gary Kowaluk's UMKC Wrongful Conviction class.
May 21, 2008
The Court of Appeals issues its mandate, finalizing their role in the case. No further state court action can be taken.
May 18, 2008
A promotional
advertisement for FreeByronCase.com created and run
by Byron Case's friends at FOUND magazine in 2007 has been
added to the Pictures section.
A description of the conditions at Crossroads
Correctional Center, where Byron Case has spent the last
six years of his life, has also been added to the Pictures
section.
May 14, 2008
The statement
of George LePage and his wife, who saw Anastasia WitbolsFeugen
in Mt. Washington Cemetery just before 6 p.m. on the night
of 10-22-97 appearing "disoriented" has been posted
to the Case Documents. The statement
of Abraham Kneisley, friend of Byron Case and Justin
Bruton, has also been uploaded.
A link
to Google Maps has been provided in the Case Documents
section (filed under Don Rand) to illustrate precisely where
the Amoco (BP) Station at 8231 E. Truman Road in Kansas
City sits in relation to where Anastasia WitbolsFeugen exited
Justin Bruton's vehicle on the night of 10-22-97, and the
distance to her home at 427 N Delware in Independence, Missouri.
Google's Street View feature will provide you with an actual
image of the intersection.
May 10, 2008
The trial
testimony of Don Rand, a service station mechanic who
observed Anastasia WitbolsFeugen exit a vehicle at the intersection
of I-435 and Truman Road and walk east, in the direction
of her home, 3.5 miles away, has been added to the Case
Documents section. The original police report in which Rand
was identified as a possible witness and a photograph
taken from the service station (formerly Amoco, now
a BP station) have also been provided.
April 29, 2008
Motion for Rehearing by the Court of Appeals denied.
April 12, 2008
Additional photographs of Byron Case have
been added to the Pictures section.
March 26, 2008
New documents added to the Case
Documents section.
February 26, 2008
Post conviction relief denied by the Court of Appeal, in Byron Case v. State of Missouri.
February 15,
2008
Byron's mother, Evelyn Case, attended the
2008 MIP
(Midwestern Innocence Project) KICK-OFF & volunteer
training at Stinson Morrison Hecker Law Firm. The exonerated
Dennis Fritz, author of Journey Toward Justice
and subject of John Grisham's book The Innocent Man,
was the guest speaker.
February 6, 2008
Byron's personal blog, The
Pariah's Syntax, please visit and bookmark it.
December 30, 2007
A flier has been made available for download
in PDF format to spread the word about freebyroncase.com!
The flier may be viewed and downloaded here.
November 19, 2007
FOUND Magazine / Post Secret show held at
Screenland in Kansas City, MO. A collection was taken up by
the FOUND crew for Byron's legal fund. To everyone who gave,
and especially to Davy, we send our deepest gratitude.
November 10, 2007
Byron's mother, Evelyn Case, speaks by invitation at Professor
Gary Kowaluk's UMKC Wrongful Conviction class.
September 2007
FOUND magazine issue #5 is released featuring an
ad for freebyroncase.com. Thanks to Byron's supporters
at FOUND for this generous donation!
August 22, 2007
Evelyn Case and Michael Myers, a friend of Byron's, were
featured on Michael Badnarik's call in radio program, Lighting
the Fires of Liberty, on Austin, Texas radio station WTPRN
to discuss Byron's case.
August 19, 2007
Evelyn Case appears on "Sunset Reggae" with Sista
G to talk about Byron's case at the behest of KKFI's Gabi
Otto.
August 6, 2007
Included timeline and maps to illustrate the events outlined
on the Case Documents page.
April 15, 2007
Byron's mother, Evelyn Case, speaks by invitation at Professor
Gary Kowaluk's UMKC Wrongful Conviction class.
July 29, 2006
Evelyn Case joins Susan Lockhart on-air to discuss Byron's
case and wrongful convictions in general, on KKFI's "Every
Woman" call in show.
June 19, 2006
Guestbook has been discontinued due to continual harassing posts..
June 9, 2006
Davy Rothbart of FOUND magazine dedicated the Kansas City
FOUND show at the Record Bar to Byron.
April 5, 2006
Notice of appeal filed with the Court of Appeals.
March 1, 2006
The circuit court judge, Charles Atwell, who presided over Byron's trial, denied the Motion to Vacate, Set Aside, or Correct the Judgement or Sentence (the 29.15 filing).
October 7,2005
29.15 evidentiary hearing held. Byron's lawer stated that supporters
among many, which states Byron's Fifth Amendment rights were
violated by the introduction of the phone conversation between
he and Kelly. Since he'd retained an attorney to act as mediator
with the Sheriff's Department and they blatantly circumvented
his involvement, federal precedent favors Byron.
April 29 - May 22, 2005
In conjunction with their production of "The
Exonerated," Kansas City's Unicorn Theater opens a month-long
exhibit of Byron's artwork, "Afterimages: The Digital
Catharsis of Byron Case." Thank you Web of
the Frame Gallery for providing matting and framing, and Cynthia
Levin of the Unicorn for generously providing space. Congratulations,
also, to the fine cast for a brilliant series of performances.
Their warmth is very much appreciated.
April 5, 2005
Motion to Vacate, Set Aside, or Correct the Judgement or Sentence (under Missouri Court Rule 29.15) files.
August 25, 2004
Missouri Court of Appeals issued its mandate, officially ending the Direct Appeal effort.
August 24, 2004
Byron's application for transfer to the Missouri Supreme Court denied.
June 1, 2004
Motion for rehearing denied.
May 10, 2004
The denial of Byron's Direct Appeal by the court of Appeals added to
the Appeals section.
Commentary on the denial can also be found there.
Byron is now in the process of filing a motion based on his ineffective court-appointed trial attorney.
April 13, 2004
In State of Missouri v. Byron Case, the Court of Appeals denied Byron's Direct Appeal.
November 6, 2003
The
Direct Appeal brief added to the Appeals section.
September 17, 2003
Oral arguments scheduled/held for the appeal.
July 10, 2003
Appellant's (Byron's) reply brief submitted.
June 30, 2003
Respondent's (state's) brief submitted.
May 7, 2003
Appellant's (Byron's) brief submitted.
July 3, 2002
Notice of appeal, the first step in the Direct Appeal process, filed.
June 28, 2002
Sentencing hearing held.
May 2, 2002
Fourth and last day of trial.
May 1, 2002
Third day of trial.
April 30, 2002
Second day of trial.
April 29, 2002
First day of trial.
April 26, 2002
Voir dire proceedings (jury selection) held.
April 25, 2002
Second pretrial hearing to discuss evidence.
April 19, 2002
Pretrial hearing to discuss evidence.
July 19, 2001
Arraignment held.
June 20, 2001
Indictment handed down. |
