State v. Clark
2012 Mo. LEXIS 96
| Mo. | 2012Background
- Clark was convicted of first degree murder and armed criminal action in 2010 based largely on Shelby and Payne testimony.
- Shelby testified Clark had the gun and admitted killing Thompson; Shelby's credibility was questionable and he delayed coming forward.
- Payne testified Clark killed Thompson after selling him crack, and Payne had pleaded guilty to burglary/theft weeks before trial.
- Clark sought to impeach Payne with Payne's claimed hope for leniency in any future sentencing; circuit court barred cross-examination on that bias.
- Clark’s counsel conducted an offer of proof showing Payne’s subjective leniency hope; court relied on absence of an actual plea deal to exclude cross-examination.
- The Missouri Supreme Court reversed, holding the trial court abused discretion by excluding bias-related cross-examination, remanding for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether excluding cross-examination on Payne's bias violated rules of cross-examination. | Clark argues bias is relevant to credibility. | State contends bias inquiry is inappropriate without a plea deal and potential sentencing. | Abuse of discretion; bias is relevant to credibility. |
Key Cases Cited
- Mitchell v. Kardesch, 313 S.W.3d 667 (Mo. banc 2010) (cross-examination to test credibility permitted)
- Winfrey v. State, 337 S.W.3d 1 (Mo. banc 2011) (relevance of witness bias; harmless-error standard)
- March v. State, 216 S.W.3d 663 (Mo. banc 2007) (Confrontation Clause and de novo review; harmless-error)
- State v. Gonzales, 153 S.W.3d 311 (Mo. banc 2005) (abuse of discretion standard for evidentiary rulings)
- State v. Gardner, 8 S.W.3d 66 (Mo. banc 1999) (trial court discretion in cross-examination; broad latitude)