Fisher v. State
359 S.W.3d 113
| Mo. Ct. App. | 2011Background
- Fisher and Sanford escaped from a Georgia prison and hid in a barricaded mobile home in Huntsville, Missouri, knowing law enforcement would pursue them.
- Police used tear gas to flush the fugitives; Fisher and Sanford, armed with a sawed-off shotgun, did not exit the mobile home during the standoff.
- Fisher carried a note expressing a wish to die rather than be recaptured; he and Sanford anticipated being pursued by police scanned by a police radio, which officers suppressed to avoid tipping them off.
- A gunfight ensued when officers attempted to force entry; Fisher fired the shotgun at officers, injuring multiple officers but none were killed.
- Fisher was charged with five counts of first-degree assault on a law enforcement officer and five counts of armed criminal action; trial included defense requests for self-defense and lesser-included offenses instructions, which the court refused.
- The motion court later granted Fisher’s Rule 29.15 post-conviction relief, finding ineffective assistance of appellate counsel for failing to raise self-defense and lesser-included offenses claims on direct appeal; the State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Self-defense instruction was required? | Fisher's counsel argued the trial court erred in not submitting self-defense. | State contends no error because self-defense lacked substantial evidence and the defendant invited danger. | Denied; trial court did not err; appellate counsel not ineffective. |
| Lesser-included offense instruction warranted? | Fisher's counsel argued for the lesser-included offense of second-degree assault should be given. | State contends no basis for acquittal of first-degree assault and prejudice from omission was not shown. | Denied; no basis for instructional error; convictions reinstated. |
Key Cases Cited
- State v. Edwards, 60 S.W.3d 602 (Mo.App. W.D.2001) (defines self-defense standard and deadly-force limits)
- State v. Nunn, 697 S.W.2d 244 (Mo.App. E.D.1985) (judicially determines when self-defense instruction is warranted)
- Hill v. State, 181 S.W.3d 611 (Mo.App. W.D.2006) (lesser-included-offense framework and acquittal-conviction basis)
- State v. Johnson, 284 S.W.3d 561 (Mo. banc 2009) (instruction error not prejudicial when greater and one lesser are given)
- State v. Pond, 131 S.W.3d 792 (Mo. banc 2004) (reiterates criteria for lesser-included offenses)
- Johnson v. State, 283 S.W.3d 279 (Mo.App. S.D.2009) (reasonable professional judgment in appellate strategy)