STATE OF MISSOURI, Plaintiff-Respondent v. JUSTIN DION TUTTLE
2016 Mo. App. LEXIS 1240
| Mo. Ct. App. | 2016Background
- Defendant Justin Tuttle was tried by jury and convicted of second-degree felony murder (based on felony-murder theory) and armed criminal action for the stabbing death of Daniel Martin, Jr.; sentenced to life plus 15 years consecutively.
- The State charged first-degree murder and ACA, and gave notice it would seek second-degree felony murder predicated on second-degree assault.
- Evidence at trial: Tuttle and victim had a long acquaintance; after swimming, a fight ensued, Tuttle stabbed the victim multiple times, the victim drowned with a lethal chest wound, and Tuttle concealed the body; Tuttle testified and claimed self-defense.
- The jury received Instruction No. 10 (second-degree felony murder predicated on second-degree assault) and Instruction No. 11 (definition of second-degree assault); defense counsel lodged no contemporaneous objection and did not raise instructional error in the new-trial motion.
- On appeal Tuttle argued the instructions violated the merger doctrine because the assault that caused the death cannot serve as the predicate felony for felony murder.
- The court reviewed only for plain error and rejected Tuttle’s merger-doctrine challenge, affirming the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether submitting a second-degree felony-murder instruction predicated on second-degree assault violated the merger doctrine | State: The felony-murder statute allows any felony (other than murder or manslaughter) to support felony murder; merger doctrine is abrogated by statute | Tuttle: The assault that directly caused the death merges into the homicide and therefore cannot be the predicate felony for felony murder | Court: Held no plain error; merger doctrine no longer viable under § 565.021—statute’s “any felony” language and penalty provision preclude merger; instruction proper |
Key Cases Cited
- State v. Williams, 24 S.W.3d 101 (Mo. Ct. App. 2000) (concluded statutory language and penalty provision abrogate common-law merger doctrine)
- State v. Simino, 397 S.W.3d 11 (Mo. Ct. App. 2013) (rejected merger-doctrine challenge to felony murder predicated on assault)
- State v. Bouser, 17 S.W.3d 130 (Mo. Ct. App. 1999) (explaining felony-murder rule permits felonious intent to be shown by perpetration of a felony)
- State v. Gheen, 41 S.W.3d 598 (Mo. Ct. App. 2001) (stating merger doctrine is not viable under current Missouri statutory scheme)
- State v. Dudley, 303 S.W.3d 203 (Mo. Ct. App. 2010) (holding legislature’s “any felony” language demonstrates intent that any felony may support felony murder)
- State v. Celis-Garcia, 344 S.W.3d 150 (Mo. banc 2011) (standard for reviewing sufficiency of evidence cited)
- State v. Zetina-Torres, 482 S.W.3d 801 (Mo. banc 2016) (plain-error standard for preserved instructional error cited)
- State v. Cooper, 215 S.W.3d 123 (Mo. banc 2007) (Rule 28.03 requires specific objection and new-trial motion to preserve instruction error)