Convicting the Innocent
DNA Exonerations Database

Steven Toney

First Name Steven
Last NameToney
Year of Conviction1983
Year of Exoneration1996
State of ConvictionMissouri
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Life / LWOP sentenceLife
Gender of ExonereeMale
Race of exonereeBlack
Description / Quotes from Testimony Concerning Defense

Missing trial transcript of defense case

Types of evidence at trial
  • Eyewitness
Identity of eyewitness
  • Intraracial Identificaiton
  • Victim
Multiple eyewitnesses2
Lineup Procedures
  • Lineup
  • Mug shots
  • Photo array
Suggestive Procedures

Yes ● Suggestive line-up – only four photos in array and defendant’s photo was the only one repeated ● Victim not told attacker might not be present

Quotes from testimony #1

“Q: What did she ask you when she showed you the set of photographs? A: If any of these were the one of the men that attacked me.” Officer showed victim only four photos in photo array. He was then the only person repeated in a live-line-up, which the victim requested “because sometimes photos don’t do the person justice.”

Unreliable Identification?

Yes ● Initially uncertain ● Discrepancies in description – age, height, skin color, teeth, facial hair

Quotes from testimony #2

Victim described a man who was “A black male. Five eight to five ten. Medium, husky build. Short hair. Piercing eyes.

Highest level reachedFederalHabeas
Claims Raised During All Appeals and Postconviction
  • Due Process
  • Ineffective Assistance of Counsel
  • Jury Instructions
  • Jury Selection
  • Motion for DNA Testing
  • Prosecutorial Misconduct
  • Sentencing — Noncapital
  • State Law Evidence Claim
  • Suggestive Eyewitness Identification
Harmless Error Rulings
  • G
  • HE
  • NP
Citations to judicial opinions

State v. Toney, 680 S.W.2d 268 (Mo. App. E.D. 1984.)
Toney v. State, 730 S.W.2d 295 (Mo. App. E.D. 1987.)
Toney v. State, 770 S.W.2d 411 (Mo. App. E.D. 1989)
Toney v. Gammon, 79 F.3d 693 (8th Cir. 1996)