State v. Marshall
2013 Mo. App. LEXIS 872
| Mo. Ct. App. | 2013Background
- Defendant Eddie Lee Marshall was convicted of first-degree murder and sentenced to life without parole.
- The first trial ended in a mistrial due to lack of verdict unanimity; the second trial proceeded with the current evidence.
- Victim Heather Donnell lived near Defendant in a Missouri trailer park; Defendant had a history of stalking and threatening conduct toward Victim.
- Victim’s body was found in Defendant’s trailer with extensive head injuries; a hammer-like injury and defensive wounds were noted; physical evidence included hair and licorice, and a note from Penny left prior to Victim’s death.
- Investigators obtained a search warrant for DNA after Victim’s body was found; Defendant’s DNA matched multiple locations on Victim; Defendant was arrested in Arkansas and transported back for trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusion of taped conversation and mistrial request | Marshall | Marshall; tape admissibility granted earlier | No error; tape self-serving hearsay; no mistrial proper |
| Admission of Victim’s out-of-court statements | Marshall | Marshall | Not hearsay; explained Victim’s conduct, admissible |
| Suppression of evidence from Defendant’s trailer | Marshall | Marshall | No error; private landowner entry not governmental search; Fourth Amendment not violated |
| Admission of Defendant’s DNA samples | Marshall | Marshall | Probable cause supported by totality of circumstances; warrant proper |
| Failure to submit voluntary manslaughter instruction | Marshall | Marshall | No prejudice; lesser offense included given; greater offense instruction adequate |
Key Cases Cited
- State v. Clark, 197 S.W.3d 598 (Mo. banc 2006) (abuse of discretion standard for evidentiary rulings)
- State v. Rousan, 961 S.W.2d 831 (Mo. banc 1998) (standard for reviewing suppression rulings; substantial evidence)
- State v. Galazin, 58 S.W.3d 500 (Mo. banc 2001) (defer to trial court on factual credibility; de novo law questions)
- State v. Buchli, 152 S.W.3d 289 (Mo. App. 2004) (probable-cause analysis under totality of circumstances)
- State v. Neher, 213 S.W.3d 44 (Mo. banc 2007) (probable cause; reviewing warrant affidavits)
- State v. Berry, 801 S.W.2d 64 (Mo. banc 1990) (standard for probable-cause review in suppression)