State v. Manley
2013 Mo. App. LEXIS 1091
Mo. Ct. App.2013Background
- Cornell Manley was convicted by a jury of one count of first-degree murder, two counts of first-degree assault, and three counts of armed criminal action.
- The State charged Manley as a prior offender in connection with Nichols’s death and the shootings at Sykes and Campbell.
- Key trial evidence included testimony from Dodson, Sykes, a forensic examiner, an evidence technician, and officers; Campbell testified for the defense.
- Manley timely appeals, challenging voir dire rulings and alleging plain error in the absence of a mistrial when the jury sought guidance while deliberating.
- Manley also moved for remand based on a newly discovered-affidavit by Dodson recanting his earlier testimony; the court remanded and then denied the motion.
- The trial court sentenced Manley to concurrent life terms for murder and armed-criminal-action sentences plus 15 years on each assault count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Remand for newly discovered evidence | Dodson affidavit is newly discovered evidence likely to exonerate. | Remand warranted to consider new evidence not previously available. | Motion to remand denied; affidavit not credibly exculpatory or likely to change outcome. |
| Voir dire and juror bias | Prosecutor’s questions tested bias about need for scientific evidence and for motive. | Questions improperly disclosed noncritical facts and prejudiced the jury. | Voir dire questions well within discretion; no reversible error found. |
| Coerced verdict during deliberations | Jurors were effectively coerced by delayed deliberations and instructions to continue. | Instruction to continue deliberating coerced the verdict. | No coercion; instruction to continue deliberations and timing did not produce manifest injustice. |
Key Cases Cited
- State v. Terry, 304 S.W.3d 105 (Mo. banc 2010) (remand for newly discovered evidence when it casts serious doubt on conviction)
- State v. Hannon, 398 S.W.3d 108 (Mo.App. E.D.2013) (new evidence must be credible and raise substantial doubt)
- State v. McCain, 845 S.W.2d 99 (Mo.App. W.D.1993) (voir dire testing bias; limits on prejudicial inquiry)
- State v. Reed, 629 S.W.2d 424 (Mo.App. W.D.1981) (questions about motive do not bind verdict; test of understanding burden)
- State v. Campbell, 147 S.W.3d 195 (Mo.App. S.D.2004) (one-half hour delay not per se coercive verdict)
- State v. Ezell, 233 S.W.3d 251 (Mo.App. W.D.2007) (voir dire breadth to uncover bias essential)
- State v. Terry, 304 S.W.3d 105 (Mo. banc 2010) (remand when new evidence casts doubt on conviction)