State v. McFadden
2012 Mo. LEXIS 103
| Mo. | 2012Background
- McFadden was convicted of first-degree murder and armed criminal action and sentenced to death, following a jury trial in Missouri.
- He killed Todd Franklin on July 3, 2002 after a confrontation in Hazlett’s yard; Franklin was shot multiple times and died at the scene.
- McFadden’s prior murder conviction was reversed in McFadden I due to purposeful discrimination in striking African-American venirepersons.
- On appeal, McFadden raises numerous claims challenging evidentiary rulings, jury instructions, Batson determinations, voir dire, and penalty-phase arguments.
- The Missouri Supreme Court (in a direct review) rejects the claims and affirms the death judgment, concluding no reversible error and upholding proportionality.
- The court conducts an independent proportionality review and finds the death sentence not disproportionate given McFadden’s prior convictions and the depravity of mind aggravator.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Douglas testimony | Douglas bias/motive to lie untested | State opened door; evidence relevant to bias | No reversible error; no prejudice shown |
| Double jeopardy from motive evidence | Previous acquittal on McFadden I aggravator bars similar proof | No acquittal; no double jeopardy problem | No double jeopardy; trial court proper to admit motive evidence |
| Batson challenge to Venire Bryant | State used racially biased strikes | Race-neutral reasons supported; pretext not shown | No error; peremptory strike upheld for Bryant |
| Jury instructions on aggravators and MAI-CR3d 314.40 | Possible misinstruction or improper grouping of prior convictions | Separate enumeration allowed; sufficient guidance | No reversible error; instructions upheld |
| Apprendi/Ring implications and notice of aggravators | Aggravators are elements; death-eligibility must be charged | Aggravators properly notice via 565.005.1; not Apprendi error | Not Appendi-error; notice sufficient |
Key Cases Cited
- State v. Johnson, 284 S.W.3d 561 (Mo. banc 2009) (prejudice standard and plain error review for capital cases)
- State v. Taylor, 134 S.W.3d 21 (Mo. banc 2004) (aggregation of prior convictions for aggravators; jury guidance)
- State v. Gill, 167 S.W.3d 184 (Mo. banc 2005) (statutory aggravators—separate enumeration permissible)
- State v. Deck, 303 S.W.3d 527 (Mo. banc 2010) (proportionality review and related considerations)
- State v. Davis, 318 S.W.3d 618 (Mo. banc 2010) (standard for reviewing capital-sentencing error and prejudice)