State of Missouri, Respondent/Cross-Appellant v. Elvis Smith, Appellant/Cross-Respondent.
456 S.W.3d 849
| Mo. | 2015Background
- Smith shot at Williams during a confrontation over a drug debt; a bystander (Douglas) was struck and later died.
- Charges: first-degree murder, first-degree assault, two armed criminal action, and unlawful possession of a firearm.
- Trial: defense requested self-defense instruction; State objected; circuit court refused.
- Verdict: Smith convicted of first-degree murder, first-degree assault, and both armed criminal actions; double jeopardy issues raised.
- Post-trial: circuit court found no element in assault not in murder for double jeopardy, acquitting assault and its armed action; clerical error later acknowledged in judgment.
- Sentencing: concurrent life for murder and 30-year term for armed action; State cross-appealed; clerical error to be corrected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Self-defense instruction on murder and assault | Smith (plaintiff) | State | Denied; no reasonable belief deadly force needed. |
| Clerical error in written judgment | Smith | State | Remanded to correct judgment nunc pro tunc. |
| Double jeopardy and separate crimes for murder and assault | Smith | State | Not barred; separate victims allow separate convictions. |
Key Cases Cited
- Brown v. Ohio, 432 U.S. 161 (1977) (double jeopardy protections; multiple punishments concerns)
- Blockburger v. United States, 284 U.S. 299 (1932) (two offenses require proof of different facts for conviction)
- State v. Whitley, 382 S.W.2d 665 (Mo. 1964) (multiple convictions for killings of multiple victims permissible)
- State v. Westfall, 75 S.W.3d 278 (Mo. banc 2002) (self-defense instruction required when substantial evidence supports it)
- State v. Bolden, 371 S.W.3d 802 (Mo. banc 2012) (standard for submitting self-defense instruction)
- Shaw v. State, Fla. Dist. Ct. App. 1969 (1969) (separate convictions for different victims upheld)
- State v. Couture, 482 A.2d 300 (Conn. 1984) (multiple offenses against persons; separate offenses for separate victims)
- State v. Rabe, 291 N.W.2d 809 (Wis. 1980) (separate homicide charges for multiple victims permissible)