State v. Sanders, 522 S.W.3d 212

Christopher Sanders was indicted for second-degree murder for knowingly causing Sherilyn Hill’s death "by kicking her and strangling her." Medical examiner found blunt force trauma and strangulation.
At trial, eyewitness Zonia Brown testified Sanders repeatedly kicked Hill and wrapped a sheet around her head; Sanders testified he acted in self-defense and denied strangling Hill.
The court instructed the jury on second-degree murder and voluntary manslaughter (both referencing "kicking and strangling") and on self-defense.
Sanders requested a nested lesser-included instruction for involuntary manslaughter that would have required the jury to find he recklessly caused Hill’s death by "kicking her" (omitting strangulation).
The trial court refused Sanders’ involuntary manslaughter instruction; the jury convicted him of second-degree murder and he received life imprisonment.
On appeal, Sanders argued the court erred by refusing the nested lesser-included instruction; the Missouri Supreme Court affirmed, finding the proffered instruction was improperly worded because it altered the charged manner of conduct.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by refusing to submit a nested lesser-included instruction for involuntary manslaughter.	State: No error; defendant’s proffered instruction deviated from the charged conduct and was therefore improper.	Sanders: Failure to give the instruction presumptively prejudicial; jury should have been allowed to consider recklessness as an alternative to knowing homicide, including as excessive force in self-defense.	Court held no instructional error because the proffered instruction impermissibly modified the manner alleged in the indictment (omitted strangulation) and thus was not a proper lesser-included instruction as presented.

State v. Jackson, 433 S.W.3d 390 (Mo. banc 2014) (framework for nested lesser-included offenses and jury’s role in rejecting state’s inferences)
State v. Hibler, 5 S.W.3d 147 (Mo. banc 1999) (lesser-offense must be consistent with the criminal conduct charged in the indictment)
State v. Collins, 154 S.W.3d 486 (Mo. App. 2005) (instruction improper when it adds factual conduct not alleged in information)
State v. Blurton, 484 S.W.3d 758 (Mo. banc 2016) (trial court may reject improper lesser-offense instruction; affirm if correct for any reason)
State v. Ballard, 394 S.W.2d 336 (Mo. 1965) (lesser offense must be necessarily included in the manner charged)