State v. Hart
2013 Mo. LEXIS 46
| Mo. | 2013Background
- Hart, age 17 at time of first-degree murder, was convicted of murder, robbery, and armed criminal action.
- The murder occurred during the second of two robberies on January 24, 2010; Hart admitted involvement per trial record.
- Hart waived jury sentencing before trial; the court sentenced him to life without parole for murder and 30-year terms for other counts.
- Miller v. Alabama (2012) held life without parole for juveniles requires individualized consideration, not a mandatory scheme.
- Hart challenged first-degree murder conviction under §565.020 and challenged the use of videotaped interrogation; appeals followed.
- On remand, Miller requires a new Miller-based sentencing process; if rejected, §565.020 may be void as applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miller applies to Hart’s life without parole sentence | Hart argues Miller prohibits mandatory LWOP for juveniles. | State argues Miller permits LWOP with individualized review but not categorical ban. | Remand required for Miller-based individualized assessment. |
| Effect of pretrial jury-sentencing waiver on remand | Hart claims waiver should bind; Miller changes require new decision on remand. | State asserts waiver remains valid; Miller allows new process but not retroactive waiver change. | Waiver may be unenforceable on remand; Hart may re-waive or proceed per Miller framework. |
| Severance or rewrite of §565.020 as applied to Hart | If LWOP invalid, §565.020 void as applied; severance could rewrite to allow parole. | State seeks severance to add parole-eligible options; argues statute can be saved with rewrites. | Severance/rewrite rejected; cannot add punishments; void as applied if no just sentence under Miller. |
| Admissibility of videotaped interrogation and alleged coercion | Statements coercive; video should be excluded as违反5th/6th/14th Amendments. | Evidence properly admitted; not coercive; volitional under totality of circumstances. | No reversible plain error; admission sustained under standard review. |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (requires individualized assessment before LWOP for juveniles)
- Roper v. Simmons, 543 U.S. 551 (U.S. 2005) (death penalty unconstitutional for juveniles)
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (limits life without parole for juveniles for non-homicide offenses)
- State v. Emery, 95 S.W.3d 98 (Mo. banc 2003) (waiver and remand principles for sentencing)
- State v. Nunley, 341 S.W.3d 611 (Mo. banc 2011) (waiver effects on remand sentencing)
- State ex rel. Taylor v. Steele, 341 S.W.3d 634 (Mo. banc 2011) (pre-Miller waiver preserved for remand context)
- Associated Industries of Missouri v. Dir. of Revenue, 918 S.W.2d 780 (Mo. banc 1996) (severability and as-applied constitutional limitations)