State v. Simino, 397 S.W.3d 11

Simino was convicted of second-degree murder for Brandi Mathews’ death and received a 20-year sentence, to run consecutive to other sentences.
State filed a complaint January 5, 2011; Mathews’ death was alleged to be caused by trauma, striking, and choking by Simino; Simino was arrested January 6, 2011.
Information and later a First Amended Information were filed, adding domestic assault as a basis for the murder charge, with new witnesses listed.
The case was transferred across counties (Miller to Laclede) and delayed by continuances, change-of-venue/judge motions, and notice issues; Simino filed a speedy-trial request February 22, 2011.
Dr. Carl Stacy, the chief medical examiner, was unavailable for trial, leading to a State continuance for trial set October 24, 2011; Exhibit 10 (protection order and abuse petition) was admitted at trial over objection.
The jury, hearing conventional second-degree murder instructions and a felony-murder alternative based on domestic assault, found Simino guilty of second-degree murder.

Issue	Plaintiff's Argument	Defendant's Argument	Held
speedy-trial dismissal effectiveness	Simino urged dismissal for speedy-trial violation due to delayed proceedings.	State argued delay was justified and defendant contributed to delay via motions.	No abuse of discretion; denial affirmed.
Instructional merger doctrine applicability	Merger doctrine barred felony-murder instructions tied to domestic assault.	Statutory felony-murder abrogates merger; submitting both instructions is proper.	No error; submission of Instructions 8 and 9 proper.
Admissibility of Exhibit 10 (abuse petition)	Certified abuse petition lacked proper authentication by Mathews as author.	Exhibit 10 is a certified court record admissible under section 490.130; authentication satisfied.	No abuse of discretion; Exhibit 10 properly admitted.

Barker v. Wingo, 407 U.S. 514 (1972) (speedy-trial balancing factors)
State v. Greenlee, 327 S.W.3d 602 (Mo. App. E.D. 2010) (expedition over mere speed; factors for delay)
State v. Buchli, 152 S.W.3d 289 (Mo. App. W.D. 2004) (speedy-trial delay factors; prejudice criterion)
State v. Scott, 348 S.W.3d 788 (Mo. App. S.D. 2011) (defendant's delay contributions weighed against him)
State ex rel. Garcia v. Goldman, 316 S.W.3d 907 (Mo. banc 2010) (presumptive prejudice after eight months; factors analysis)
State v. Williams, 24 S.W.3d 101 (Mo. App. W.D. 2000) (felony-murder statute abrogation of merger doctrine)
State v. St. Clair, 262 S.W.2d 25 (Mo. 1953) (certified court records admissible without further identification)