State v. Fincher
2012 Mo. App. LEXIS 244
Mo. Ct. App.2012Background
- Fincher was convicted by jury of first-degree murder and armed criminal action; sentencing was life without parole for murder and 20 years for armed action, concurrent.
- Post-December 2008 events at Felicia Collins’s Kansas City apartment involved a robbery, shootings, and Fincher’s alleged statements about John and the gun.
- Detective Ray interviewed Fincher; at issue is whether she advised he was identified as the shooter and he responded, potentially invoking Doyle.
- Fincher challenged the State’s closing argument as improper vouching and commenting on facts not in evidence; defense objected and was overruled.
- Trial court denied motions for acquittal and for new trial; Fincher did not present evidence and was sentenced as above.
- Appellate court reviewed for plain error under Rule 30.20 and abuse of discretion in closing arguments, affirming the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Plain error for Doyle comment | Fincher | Fincher | No Doyle violation; no sua sponte mistrial required |
| Closing argument vouching | Fincher | Fincher | No abuse of discretion; arguments proper within case context |
Key Cases Cited
- Doyle v. Ohio, 426 U.S. 610 (U.S. 1976) (silence after Miranda warnings carries no penalty; Doyle rule)
- State v. Dexter, 954 S.W.2d 332 (Mo. banc 1997) (reversed due to post-arrest, post-Miranda silence testimony)
- State v. Graves, 27 S.W.3d 806 (Mo. App. W.D.2000) (assumed no Miranda warnings without record verification)
- State v. Brooks, 304 S.W.3d 130 (Mo. banc 2010) (plain error review for Doyle references; standard clarified)
- State v. Cornelious, 258 S.W.3d 461 (Mo. App. W.D.2008) (analysis of whether Doyle line crossed; post-Miranda silence rule)
- State v. Ferguson, 20 S.W.3d 485 (Mo. banc 2000) (limits on prosecutor closing argument and credibility commentary)
- State v. Ringo, 30 S.W.3d 811 (Mo. banc 2000) (prosecutor may comment on evidence and witness credibility)
- State v. McClain, 824 S.W.2d 103 (Mo. App. E.D.1992) (prosecutor may comment on credibility from state's perspective)
- State v. Bryant, 741 S.W.2d 797 (Mo. App. E.D.1987) (closing argument leeway; credibility arguments)