State of Missouri, Plaintiff/Respondent v. Todd Meine, 469 S.W.3d 491

On April 16, 2009, Todd Meine shot and killed Matthew Crumly outside a bar after an escalating verbal/physical altercation; victim died from a single close-range gunshot to the chest.
Witness Sarah Kaltenbach observed Meine point a handgun with a laser at the victim, heard a click, and then saw a struggle and a gunshot; Meine later unloaded and stowed the gun.
Police recovered a .40 caliber handgun with a flashlight/laser sight and a magazine on the front passenger seat, plus several other unloaded firearms and shooting accessories in Meine’s vehicle.
Meine was charged with first-degree murder (knowingly with deliberation) and armed criminal action; he did not contest sufficiency of the evidence.
Trial court instructed on first-degree murder, second-degree murder, and first-degree involuntary manslaughter, but refused Meine’s requested instruction for second-degree involuntary manslaughter (negligent homicide).
Jury convicted Meine of first-degree murder and armed criminal action; he received life without parole plus 75 years and appealed, raising (1) failure to give the negligent manslaughter instruction and (2) admission of evidence of other weapons in his vehicle.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court erred by refusing to instruct on second-degree involuntary manslaughter (negligent homicide) as a nested lesser-included offense	State: no error because jury was instructed on first-degree murder and two lesser offenses; omission was not prejudicial	Meine: requested instruction was supported by the evidence and its omission violated due process and right to present a defense	Court: Although a nested instruction could have been given, omission was not prejudicial because jury convicted of the greater offense after being instructed on two lesser offenses; point denied
Whether trial court abused its discretion admitting evidence of additional weapons found in defendant’s vehicle	State: evidence relevant to deliberation/intent because defendant chose a large-caliber gun with a laser sight among other weapons	Meine: weapons were unrelated, highly prejudicial, and should have been excluded	Court: Admission was within trial court’s discretion; evidence tended to show deliberation and intent, probative value outweighed prejudice; point denied

State v. Jackson, 433 S.W.3d 390 (Mo. banc 2014) (standards for submitting lesser-included offense instructions)
State v. Johnson, 284 S.W.3d 561 (Mo. banc 2009) (requirements for lesser-included instructions)
State v. Glass, 136 S.W.3d 496 (Mo. banc 2004) (failure to give an additional lesser offense instruction not prejudicial where jury convicted of greater offense after being instructed on at least one lesser offense)
State v. Redmond, 937 S.W.2d 205 (Mo. banc 1996) (presumption of prejudice for failure to give supported lesser-offense instruction)
State v. Jones, 979 S.W.2d 171 (Mo. banc 1998) (jury’s rejection of deliberation on a lesser instruction undermines claim that another lesser instruction would have changed result)
State v. Anderson, 306 S.W.3d 529 (Mo. banc 2010) (logical and legal relevance; probative value vs. prejudice analysis)
State v. Dailey, 456 S.W.3d 854 (Mo. App. E.D. 2014) (deliberation can be inferred from surrounding circumstances)
State v. Kidd, 990 S.W.2d 175 (Mo. App. W.D. 1999) (admissibility and trial court discretion review)
State v. Forrest, 183 S.W.3d 218 (Mo. banc 2006) (abuse of discretion standard for evidentiary rulings)