State v. Johnson, 2010 Mo. App. LEXIS 1481

In 1994, Lela Warner was raped and strangled in her St. Louis County home; physical evidence included hair, blood, semen, towels, prints, and a palm print at the back door.
CODIS linked the crime scene DNA to Johnson in 2006, while he was incarcerated on an unrelated conviction; a buccal swab confirmed DNA consistency.
Johnson was charged in 2006 with first-degree murder and forcible rape; UMDDL 180-day speedy-trial deadline was invoked, but delays occurred.
Defendant repeatedly sought to discharge counsel and proceed pro se; the trial court held hearings, conducted Faretta colloquies, and ultimately denied self-representation on trial day.
Trial occurred April 15–22, 2009; Johnson’s counsel offered jury instructions including lesser offenses; the court gave one lesser-included option and rejected another.
Johnson was convicted of first-degree murder and forcible rape and sentenced to life without parole for murder and 30 years for rape; appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
UMDDL speedy-trial compliance and jurisdiction	Johnson argues UMDDL clock expired; delays violated open-court continuances.	Delays beyond 180 days were not properly tolling exceptions; jurisdiction lost.	No UMDDL violation; court retained jurisdiction; delays tolling proper where continuances granted.
Right to proceed pro se	Johnson asserts right to self-representation was denied.	Requests were unequivocal, knowing, and intelligent; waiver valid.	Waiver valid; however, self-representation not allowed due to obstructionist conduct; no abuse of discretion.
Instruction on lesser included offense	Conventional second-degree murder should have been given.	Defendant requested alternative lesser offense instruction.	No prejudice; felony murder instruction available; failure to give conventional second-degree murder not error.
Change of counsel	Requests for new counsel were denied; argues ineffective representation would be shown.	Irreconcilable conflict and breakdown in attorney-client relationship.	No abuse of discretion; record shows no true conflict affecting performance; renewal not required to preserve appeal.

Wolfrum v. Wiesman, 225 S.W.3d 409 (Mo. 2007) (limits on continuance under UMDDL; authority to grant reasonable delays for good cause)
State v. Taylor, 298 S.W.3d 482 (Mo. 2009) (complex trial; sufficient good cause for delay; effective assistance of counsel)
Lee v. State, 97 S.W.3d 9 (Mo.App. 2002) (time excluded for defendant-initiated delays; standard for exclusion of time)
State v. McLaughlin, 265 S.W.3d 257 (Mo. 2008) (jury instruction on lesser included offenses; can submit one without the other if supported by evidence)
U.S. v. Edelmann, 458 F.3d 791 (8th Cir. 2006) (self-representation rights; obstruction can justify denial of Faretta waiver)
United States v. Ladoucer, 573 F.3d 628 (8th Cir. 2009) (waiver of counsel and intelligent understanding of risks; Faretta standard)
State v. Black, 223 S.W.3d 149 (Mo. 2007) (preservation of self-representation issue when court denies request)
State v. Kent, 637 S.W.2d 119 (Mo. App. 1982) (substitution of counsel; lack of irreconcilable conflict must be shown)
State v. Boyd, 913 S.W.2d 838 (Mo. App. 1995) (disfavoring substitution without demonstrated conflict; defer to trial court discretion)