State of Iowa v. Denise Leone Frei
831 N.W.2d 70
| Iowa | 2013Background
- Frei killed her longtime boyfriend, Curtis Bailey, and was convicted of first-degree murder.
- She argued defenses of justification (including battered women’s syndrome) and insanity (depression/anxiety).
- Frei admitted the plan to kill Bailey included smothering him with Saran Wrap with help from her 18-year-old son and his girlfriend.
- Expert testimony split: Dr. Hutchinson testified for Frei (BWS, PTSD, depression, possible anxiety disorder); Dr. Taylor testified for the State (no psychiatric disorder; understood acts).
- State evidence included Frei’s admissions of planning the death and efforts to disguise it as an accident, plus possible life-insurance proceeds.
- The district court denied a mistrial, instructed on justification with an objective-reasonableness standard, and gave a reasonable-doubt instruction challenged on due-process grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Justification instruction standard | Frei argues only subjective reasonableness should count. | State argues a combined subjective-objective standard is proper. | No error; objective-reasonableness standard upheld. |
| Reasonable doubt instruction | Frei contends the instruction failed to convey required near-certitude. | State defends firmly-convinced formulation as valid. | No due process violation; firmly convinced formulation upheld. |
| Burden on insanity defense | State should bear no burden; defense should not be required to prove insanity. | Insanity burden improperly shifted to Frei. | Not preserved for review; issue not considered. |
| Mistrial denial after limine violation | Opening statements about Hispanics prejudiced Frei; mistrial warranted. | Limited prejudice; correction mitigated impact. | No abuse of discretion; no reversible prejudice. |
Key Cases Cited
- In re Winship, 397 U.S. 358 (U.S. Supreme Court 1970) (due-process requirement of proof beyond reasonable doubt)
- Victor v. Nebraska, 511 U.S. 1 (U.S. Supreme Court 1994) (approval of multiple reasonable-doubt formulations)
- Cage v. Louisiana, 498 U.S. 39 (U.S. Supreme Court 1990) (defective reasonable-doubt formulation can violate due process)
- State v. McFarland, 287 N.W.2d 162 (Iowa 1980) (form of 'firmly convinced' as a reasonable-doubt standard)
- State v. Marin, 788 N.W.2d 833 (Iowa 2010) (review standard for jury-instruction errors; correction of errors)
- State v. Elam, 328 N.W.2d 314 (Iowa 1982) (test of justification combines subjective belief with objective reasonableness)