State v. Cox
820 N.W.2d 540
Minn.2012Background
- Cox was convicted of first‑degree felony murder, second‑degree intentional murder, and unlawful firearm possession; the court imposed life with parole on the murder count and a 60‑month term on the firearm count, but did not sentence on the second‑degree murder count.
- Thomas, an associate of Cox, testified at the second trial; Cox requested an accomplice‑testimony instruction which the court denied.
- The jury initially convicted on all counts; on appeal, the court reversed on Confrontation Clause grounds and ordered a new trial.
- During the second trial, the jury found guilty on firearm possession and second‑degree intentional murder, with a later verdict on first‑degree felony murder, and the court merged or failed to sentence the second‑degree count as appropriate.
- Cox argues (1) lack of an accomplice‑testimony instruction, (2) improper handling of a deadlock note, and (3) improper conviction for both first‑ and second‑degree murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Accomplice testimony instruction required? | Cox argues Thomas could be an accomplice. | Court erred in treating Thomas as non‑accomplice. | No abuse; Thomas not an accomplice; no instruction required. |
| Court’s response to deadlock note was proper? | Court coerced verdict by delaying deliberations. | Court exercised discretion; note did not show deadlock. | Not an abuse of discretion; no coercion. |
| Second‑degree murder is included offense of first‑degree felony murder? | Second‑degree murder should stand alongside first‑degree murder. | Second‑degree is a lesser‑included offense. | Vacate second‑degree intentional murder conviction; it is a lesser‑included offense and must be vacated. |
Key Cases Cited
- Barrientos-Quintana v. State, 787 N.W.2d 603 (Minn. 2010) (accomplice testimony instruction required where witness could be accomplice)
- Shoop v. State, 441 N.W.2d 475 (Minn. 1989) (accomplice testimony skepticism and corroboration standards)
- Spann v. State, 740 N.W.2d 570 (Minn. 2007) (second-degree murder is lesser‑included offense of first‑degree felony murder; vacate)