State v. Cooper
2011 Mo. App. LEXIS 436
| Mo. Ct. App. | 2011Background
- Cooper was charged with one count of first degree statutory rape, four counts of first degree sodomy, and one count of incest for alleged sexual abuse of his 11-year-old daughter.
- The daughter disclosed the abuse to her teacher, and a week later police questioned Cooper.
- At trial, Cooper denied abusing his daughter; the jury nonetheless convicted on all counts and recommended sentences totaling 17, 5, 5, 5, and 3 years.
- The trial court sentenced Cooper to 20 years in prison after the jury verdict.
- On appeal, Cooper challenges trial court handling of mistrial/deadlock, alleged juror misconduct, and instructional issues; the State defends the verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mistrial/deadlock handling coerced verdict | Cooper contends the court coerced a verdict by not declaring mistrial and ignoring deadlock notes. | Cooper argues improper coercion and improper handling of deadlock. | No plain error; discretion to continue deliberations within trial court. |
| Juror misconduct evidence post-trial | State asserts juror statements cannot impeach a verdict. | Cooper claims due process and impartial jury were denied. | Judicial restraint on juror impeachment; denial upheld. |
| Closing argument error | State did not persist; issue abandoned by Cooper. | Cooper preserved objection to closing argument. | Not addressed on appeal due to abandonment. |
| Instruction No. 17 (incest) with disjunctive verdict directors | Cooper argues disjunctive directions violated due process and unanimity. | No preserved error; may review for plain error. | Plain error not shown; no manifest injustice; verdict upheld. |
Key Cases Cited
- State v. Snider, 869 S.W.2d 188 (Mo.App. E.D. 1993) (trial court discretion on deliberation time)
- State v. Anderson, 698 S.W.2d 849 (Mo. banc 1985) (deliberation restraint when resolving deadlock)
- State v. Bailey, 839 S.W.2d 657 (Mo.App.S.D. 1992) (plain error standard for appellate review)
- State v. Keller, 104 S.W.2d 247 (Mo. 1937) (juror impeachment of verdict prohibited)
- State v. Lang, 515 S.W.2d 507 (Mo.1974) (preservation of objections and grounds)
- State v. Tisius, 92 S.W.3d 751 (Mo. banc 2002) (plain-error standard applied to claimed instructional error)