State v. Bolden
2012 Mo. LEXIS 118
| Mo. | 2012Background
- Defendant and her brother arrived at Victim Fannie Powell's door seeking two individuals who were not present.
- A melee ensued after Powell's daughter told them to leave.
- State says Defendant was the initial aggressor; Defendant claims Victim’s daughter attacked first.
- Victim was stabbed 11 times; Defendant helped her brother go to the hospital for a stab wound.
- Defendant and brother were charged with two counts of first-degree assault and two counts of armed criminal action; Defendant also faced second-degree assault and an additional armed criminal action count.
- At trial, the State and Defendant jointly proffered a defense-of-others instruction; Defendant did not object to submission of the instruction to the jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether joint submission of a defective defense-of-others instruction requires reversal. | Defendant argues plain error due to defects in the instruction. | Defendant contends the instruction was defective and submission plain error. | No reversal; instruction submission not a sua sponte error. |
| Whether the trial court had a sua sponte duty to correct the erroneous proffered instruction. | State argues Westfall-based requirement to submit defenses; Beck expands duty. | Defendant contends court should correct invited error. | No sua sponte correction duty; invited error waived; Beck overruled to extent stated. |
Key Cases Cited
- State v. Westfall, 75 S.W.3d 278 (Mo. banc 2002) (plain-error review for failure to submit self-defense instruction when substantial evidence supports it)
- State v. Grier, 609 S.W.2d 201 (Mo.App.1980) (defense-of-others as extension of self-defense)
- State v. Turner, 152 S.W.313 (Mo. 1912) (early precedent on defense-of-others)
- State v. Beck, 167 S.W.3d 767 (Mo.App.2005) (invited-error doctrine; limits Westfall remedial rule)
- State v. Leisure, 796 S.W.2d 875 (Mo. banc 1990) (cannot complain about instruction given at defendant's request)
- State v. Mayes, 63 S.W.3d 615 (Mo. banc 2001) (invited error doctrine; self-invited error not reviewable on appeal)
- Fleshner v. Pepose Vision Inst., P.C., 304 S.W.3d 81 (Mo. banc 2010) (juror testimony limited to non-merits evidence; matters inherent in verdict)