State of Minnesota v. Mo Savoy Hicks
864 N.W.2d 153
Minn.2015Background
- Hicks convicted of second-degree unintentional murder for Judy Rush’s death; district court imposed 420-month upward departure for concealment and particular cruelty.
- Body of Rush discovered buried in a Brooklyn Park park after nearly three years; cause of death blunt-force cranial injury.
- Hicks waived his right to a sentencing jury and represented himself at trial.
- State presented evidence linking Hicks to the murder and to concealment; two jail inmates testified Hicks admitted hitting Rush and burying her.
- Court of Appeals affirmed upward departure; supreme court granted review to address legality of concealing a body as an aggravating factor.
- Majority holds concealment of a homicide victim’s body may justify an upward durational departure; dissent argues it cannot without bargaining or as a separate offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether body concealment can support an upward departure | State argues concealment is aggravating | Hicks argues concealment is an uncharged offense | Yes, may support departure |
| Whether concealment is part of a single behavioral incident | State says concealment accompanies murder | Hicks says concealment is a separate act | Concealment may be part of same incident under Edwards/Bookwalter framework |
| Whether using uncharged offense facts violates Edwards/Jackson | State contends Edwards allows use of related offense facts | Hicks contends cannot base departure on uncharged conduct | Permissible if related to particularly serious offense within same incident |
| Whether bystander trauma justifies departure | State relies on trauma to victim’s family | Dissent argues bystander harm is improper basis | Trauma to non-present bystanders cannot alone justify departure in this case |
Key Cases Cited
- State v. Shiue, 326 N.W.2d 648 (Minn. 1982) (concealment of body as aggravator for trauma to family)
- State v. Griller, 583 N.W.2d 736 (Minn. 1998) (concealment and cruelty justify departure)
- State v. Folkers, 581 N.W.2d 321 (Minn. 1998) (concealment as cruelty; aggravating factor approved)
- State v. Schmit, 329 N.W.2d 56 (Minn. 1983) (concealment alone not aggravator; later overruled dissenting view)
- State v. Leja, 684 N.W.2d 442 (Minn. 2004) (concerning whether concealment may be aggravator; plurality unresolved for concealment alone)
- State v. Edwards, 774 N.W.2d 596 (Minn. 2009) (facts from single incident may support departure if particularly serious)