State of Missouri v. Denford Jackson, 433 S.W.3d 424

Pierce was convicted of second-degree trafficking and resisting arrest; mistrial occurred in first trial and retrial occurred after the end of the term following the mistrial; Pierce argued retrial violated Missouri Constitution art. I, §19 and sought dismissal but failed to raise timely objections; trial court refused possession as a lesser-included offense instruction; evidence supported resisting arrest; trafficking conviction was later vacated on appeal; case remanded for further proceedings.
Pierce’s first trial (Nov 2010) ended in mistrial; retrial began Nov 2011 after several continuances; deadline under art. I, §19 was not met because retrial occurred after the next term.
Trial court gave trafficking instruction but refused Pierce’s request for a nested lesser offense instruction of possession; Pierce did not object to trafficking instruction.
Evidence showed Pierce ran and continued to resist after being informed of arrest; jury found him guilty of resisting arrest; conviction upheld.
The State argues retrial was permissible despite §19 deadline; Pierce waived rights by consenting to delays.
The State argues the court is not compelled to give a nested lesser offense instruction; there was no basis in evidence to support possession.
The State argues there was sufficient evidence for resisting arrest; conviction should stand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Retrial authority under art. I, §19	Pierce argues the retrial occurred after the deadline.	State contends waiver/consent to delays allowed retrial.	No reversal; waiver defeated §19 challenge; retrial authorized.
Lesser-included instruction on possession	Pierce sought nested possession instruction.	State argued no basis in evidence for lesser offense.	Reversed; nested possession instruction required; trafficking conviction vacated.
Sufficiency of evidence for resisting arrest	Pierce contends insufficient evidence.	State asserts sufficient evidence.	Sufficient evidence; resisting arrest conviction affirmed.

State v. Fassero, 256 S.W.3d 109 (Mo. banc 2008) (retrieval deadline must be raised at first opportunity; failure to timely raise waives §19 claim; jurisdictional analysis distinct from waiver)
State v. Jackson, 433 S.W.3d 390 (Mo. banc 2014) (companion case on nested lesser offense instructions; standard requiring basis in evidence)
State v. Santillan, 948 S.W.2d 574 (Mo. banc 1997) (entitles instruction on lesser offense when reasonable juror could find lack of proof of essential element)
State v. Williams, 313 S.W.3d 656 (Mo. banc 2010) (standard for whether jury could infer absence of element to warrant lesser offense instruction)
State v. Mease, 842 S.W.2d 98 (Mo. banc 1992) (affirmative evidentiary basis required for lesser instruction; rational juror standard)
Sparf v. United States, 156 U.S. 51 (1895) (role of judge in instructing on law; jury not to direct verdict)