State of Missouri v. Brandon M. Roberts, 465 S.W.3d 477

Supreme Court of Missouri en banc reviews Roberts’ appeal of his conviction for second-degree domestic assault and witness tampering.
Roberts challenged the trial court’s denial of a jury instruction on the lesser-included offense of third-degree domestic assault.
Roberts also challenged the trial court’s denial of his motion to sever the assault and witness tampering charges.
Facts: in June 2012 Roberts assaulted A.A. after a domestic dispute, including striking with objects; witnesses reported a hammer was used.
Roberts claimed self-defense; the jury was instructed on second-degree assault and Roberts’ proposed third-degree instruction was rejected.
Judgment vacated and remanded due to error in not instructing on the nested lesser-included offense; witness tampering conviction linked to the assault conviction also vacated.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by omitting a nested lesser-included offense instruction	Roberts ( Roberts ) contends third-degree instruction should have been given.	State argues third-degree is not nested within second-degree.	Instruction on third-degree domestic assault required; nested lesser-included offense.
Whether joinder of assault and witness tampering was improper requiring severance	Roberts asserts severance was warranted to prevent prejudice.	Joinder proper because offenses are connected.	Joinder permissible; severance not required.

State v. Jackson, 433 S.W.3d 390 (Mo. banc 2014) (nested lesser-included offenses and evidentiary basis for instruction)
State v. McKinney, 314 S.W.3d 339 (Mo. banc 2010) (liberal joinder favored; severance discretion)
State v. Morrow, 968 S.W.2d 100 (Mo. banc 1998) (connected transactions and joinder rationale)