State v. Crudup
2013 Mo. App. LEXIS 1464
| Mo. Ct. App. | 2013Background
- Crudup appeals after a jury verdict finding him guilty of first-degree domestic assault, armed criminal action, and felonious restraint; forcible rape was not proven.
- Victim Linda Bracely and Marshall testified; the events occurred on November 30, 2010, in Bracely's apartment.
- Crudup allegedly choked Bracely, restrained her, caused injuries, destroyed belongings, and raped her after demanding voicemail access.
- Bracely testified she did not have a weapon; she later moved items and called for help but did not report the rape that night.
- Crudup offered proposed jury instructions on self-defense and a lesser-included offense; the trial court denied them.
- Jury convicted on the charged counts and the court sentenced Crudup to 30 years for domestic assault and armed criminal action, and 7 years for felonious restraint, to be served concurrently.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether felonious restraint should have been pared to false imprisonment | Crudup argues false imprisonment warranted a lesser-included offense instruction | State contends evidence supported felonious restraint, not acquittal on greater offense | No; substantial evidence supported felonious restraint, no basis for lesser offense |
| Whether self-defense instruction should have been given for domestic assault | Crudup claims self-defense could apply as he was not initial aggressor and used reasonable force | State says deadly force was used and not reasonable, no self-defense evidence supports instruction | No; deadly force not justified and no evidence of imminent danger supporting self-defense for domestic assault |
| Whether the history of domestic violence in Marshall's family was admissible about credibility | Crudup asserts prejudicial, irrelevant credibility impact | State used history to explain credibility and truthful reporting | No abuse of discretion; admission did not prejudice Crudup or affect trial outcome |
Key Cases Cited
- State v. Johnson, 284 S.W.3d 561 (Mo. banc 2009) (lesser-included offense when basis for acquittal and conviction exists)
- State v. Whitley, 408 S.W.3d 305 (Mo.App. E.D. 2013) (standard for evaluating lesser-included-offense instructions)
- State v. Taylor, 373 S.W.3d 513 (Mo.App. E.D. 2012) (instruction limits when strong evidence supports greater offense)
- State v. Cobbins, 21 S.W.3d 876 (Mo.App. E.D. 2000) (false imprisonment as lesser-included offense of felonious restraint)
- State v. Carlock, 242 S.W.3d 461 (Mo.App. S.D. 2007) (asphyxiation can cause death or serious injury in restraint cases)
- State v. Habermann, 93 S.W.3d 835 (Mo.App. E.D. 2002) (self-defense requires reasonable belief and proportional force)
- State v. Burks, 237 S.W.3d 225 (Mo.App. S.D. 2007) (deadly-force rule: cannot be used to repel simple assault)