State v. Jensen
2017 Mo. LEXIS 334
| Mo. | 2017Background
- Jensen and an accomplice (Jorgensen) assaulted Kenny Stout, left him in woods, returned and stabbed him; Jorgensen later tried to kill Jensen; Jensen claimed duress and initially led police to the body.
- Jensen was charged as a persistent offender with first-degree murder, armed criminal action, and abandonment of a corpse; jury was instructed on first-degree murder, second-degree murder, and voluntary manslaughter.
- Trial court refused Jensen’s timely request to instruct the jury on the nested lesser included offense of involuntary manslaughter (recklessness).
- Jury convicted Jensen of second-degree murder, armed criminal action, and abandonment of a corpse; Jensen appealed.
- The Missouri Supreme Court held the refusal to give the involuntary manslaughter instruction was error and presumptively prejudicial because it would have tested the culpable mental state (reckless vs. knowing); convictions for second-degree murder and armed criminal action were reversed.
- The abandonment-of-a-corpse conviction was affirmed; other challenges (uncharged misconduct reference, prosecutor sidebar remark about tattoos, emotional outburst by victim’s mother) were rejected as non-prejudicial.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Jensen) | Held |
|---|---|---|---|
| Whether trial court erred by refusing requested instruction on nested lesser included offense of involuntary manslaughter | Instruction not required or failure was harmless because jury rejected voluntary manslaughter and convicted of greater offense, showing it would not have chosen involuntary manslaughter | Refusal violated §556.046 and Jackson; involuntary manslaughter is a nested lesser included offense of second-degree murder and had to be submitted | Error to refuse; involuntary manslaughter is a nested lesser included offense and refusal was prejudicial; reverse second-degree murder and armed criminal action convictions |
| Whether presumed prejudice was rebutted by the jury’s verdict convicting on higher offense and rejecting voluntary manslaughter | Jury’s conviction on greater offense rebuts presumption because voluntary manslaughter submission tested the key element | Omitted involuntary manslaughter would have tested a different mental-state element (reckless vs. knowing); voluntary manslaughter did not test that element | Presumption of prejudice not rebutted; voluntary manslaughter did not test the reckless/knowing element, so reversal required |
| Whether admission of witness testimony implying Jensen had improper contact with a minor required mistrial | Statements were vague, not a clear and definite allegation of separate crimes; curative admonition sufficient | Such testimony referenced uncharged misconduct and prejudiced jury; mistrial required | No abuse of discretion; testimony was vague, not a clear association with another crime, and admonition cured any potential prejudice |
| Whether sidebar comment about "gangster tattoos" or emotional outburst by victim’s mother required mistrial | Any overheard sidebar was harmless because the court admonished jurors; emotional outburst was spontaneous and identification was necessary | Sidebar statement and inflammatory exhibit/testimony were prejudicial and warranted mistrial | No plain error or abuse of discretion: jury admonished and presumed to follow court; outburst was spontaneous, isolated, and did not show prosecutorial misconduct |
Key Cases Cited
- State v. Jackson, 433 S.W.3d 390 (Mo. banc 2014) (trial courts must give properly requested nested lesser-included offense instructions)
- State v. Johnson, 284 S.W.3d 561 (Mo. banc 2009) (harmlessness analysis where multiple lesser-included instructions at issue)
- State v. Glass, 136 S.W.3d 496 (Mo. banc 2004) (discussion of when omission of lesser-included instructions is non-prejudicial)
- State v. Pierce, 433 S.W.3d 424 (Mo. banc 2014) (jury as sole factfinder and limits on appellate reweighing of evidence on instruction questions)
- State v. Ramirez, 479 S.W.3d 640 (Mo. Ct. App. 2015) (involuntary manslaughter recognized as nested lesser included offense of second-degree murder)