State v. McFadden

369 S.W.3d 727

STATE of Missouri, Respondent,

v.Vincent McFADDEN, Appellant.

No. SC 88959.

Supreme Court of Missouri, En Banc.

May 29, 2012.

Rehearing Denied July 31, 2012.

Janet M. Thompson, Public Defender's Office, Columbia, for McFadden.

Timothy A. Blackwell, Attorney General's Office, Jefferson City, for the State.

GEORGE W. DRAPER III, Judge.

Introduction and Procedural History

Vincent McFadden (hereinafter, “McFadden”) was found guilty of first-degree murder, section 565.020, RSMo Supp.2004,¹ and armed criminal action, section 571.015. McFadden was sentenced to death, consistent with the jury's recommendation. This Court has exclusive jurisdiction. Mo. Const. art. V, sec. 3. The judgment is affirmed.

Facts

On July 3, 2002, Todd Franklin (hereinafter, “Franklin”) and Mark Silas (hereinafter, “Silas”) encountered McFadden and Michael Douglas (hereinafter, “Douglas”) in a vacant lot. McFadden and Douglas asked Franklin if he had a gun. Franklin indicated he did not have a gun and started to walk away. Douglas then pulled out a gun and fired, as if to verify Franklin did not have a gun. Franklin and Silas ran.

Franklin ran into his next-door neighbor's yard. Franklin began asking his neighbor, Gregory Hazlett (hereinafter, “Hazlett”), whether he could do any work for Hazlett. Hazlett did not respond but began walking toward his home. McFaddenand Douglas approached Franklin in Hazlett's yard.

Douglas shot Franklin in Hazlett's driveway. Franklin fell to the ground. McFadden approached Franklin and kicked him, uttering derogatory epithets. McFadden, standing over Franklin, shot him at least two more times, and ran away. The gunshot wounds were fatal; Franklin died at the scene.

Following a jury trial, McFadden was found guilty of first-degree murder and armed criminal action. During the penalty phase, the State presented evidence of McFadden's prior convictions, evidence McFadden murdered his girlfriend's sister, evidence that McFadden attempted to prevent his girlfriend, Eva Addison (hereinafter, “Addison”), from identifying him as her sister's murderer, and evidence that McFadden was in possession of 18.4 grams of crack at the time of his arrest.

The jury found five statutory aggravators: four serious assaultive convictions and depravity of mind. The jury assessed a sentence of death. The trial court sentenced McFadden accordingly, imposing the death penalty for first-degree murder and life imprisonment for armed criminal action. McFadden previously was tried and convicted for the murder of Franklin, but that conviction was reversed and remanded because the State engage in purposeful discrimination by striking five African–American venirepersons. State v. McFadden, 191 S.W.3d 648 (Mo. banc 2006) (“McFadden I ”). This appeal follows.

Standard of Review

This Court reviews a sentence of death on direct appeal for prejudice, not just mere error. State v. Anderson, 306 S.W.3d 529, 534 (Mo. banc 2010). This Court will reverse a trial court's decision only when an alleged error is so prejudicial that the defendant was deprived of a fair trial. State v. Johnson, 284 S.W.3d 561, 568 (Mo. banc 2009). Prejudice exists when there is a reasonable probability that the trial court's error affected the outcome at trial. Id. Evidence admitted at trial is reviewed in the light most favorable to the verdict and is reviewed for an abuse of discretion. Anderson, 306 S.W.3d at 534.

Many of the points on appeal raised by McFadden are not preserved for appeal. Accordingly, these points can be reviewed only for plain error. Rule 30.20. Plain error is found when the alleged error “ ‘facially establish [es] substantial grounds for believing a manifest injustice or miscarriage of justice occurred.’ ” State v. Dorsey, 318 S.W.3d 648, 652 (Mo. banc 2010) (quoting State v. Salter, 250 S.W.3d 705, 713 (Mo. banc 2008)).

McFadden raises fourteen points on appeal. They are all denied.

Point One: Relevant Evidence Excluded

McFadden claims the trial court erred in limiting the testimony of Douglas, a defense witness. McFadden avers Douglas' testimony regarding Douglas' plea, sentence, and potential for being charged with perjury was relevant to the charges against McFadden and would have demonstrated a bias or motive to lie. McFadden believes Douglas' testimony was limited improperly in both the guilt and penalty phases.

A trial court has broad discretion to admit or exclude evidence. State v. Bowman, 337 S.W.3d 679, 686 (Mo. banc 2011). “Reversal due to an evidentiary error requires a showing of prejudice.” State v. Taylor, 298 S.W.3d 482, 492 (Mo. banc 2009).

In the guilt phase, the State successfully sought to exclude Douglas' testimony regarding the details of his plea agreement. The trial court allowed testimony that Douglas pleaded guilty to his participation in Franklin's murder but excluded the specific language of the charge to which he pleaded and the sentence he received.

McFadden now argues that the State opened the door to this evidence and it was admissible to show Douglas' bias or motive to lie. The State asked Douglas what he meant by the two following statements: “I'll put some of the weight on my shoulder to take the weight of the world off yours,” and “We gonna see the streets again sooner rather than later.” McFadden states this questioning should have allowed McFadden to explore Douglas' responses and introduce evidence of the specific charge and sentence Douglas received.

At the time Douglas was cross-examined by the State, the jury already had evidence before it that Douglas pleaded guilty and did not receive the maximum sentence. Additionally, the jury heard Douglas' inconsistent statements made to the police regarding the identity of the second shooter. Adducing additional evidence of the sentence term Douglas received would not indicate Douglas had a further bias or motive to lie, and McFadden did not demonstrate there was any prejudice.

In the penalty phase, McFadden sought to admit Douglas' plea deal and lesser sentence as mitigation evidence. McFadden believes he should be able to present any evidence surrounding the circumstances of Douglas' offense.

The trial court excluded this evidence in mitigation based upon Edwards v. State, 200 S.W.3d 500, 511 (Mo. banc 2006) (holding there is no basis for concluding a co-defendant's sentence is relevant as to mitigation in the penalty phase). McFadden seeks this Court to revisit its opinion; we decline to do so.

Point Two: Double Jeopardy

McFadden claims the trial court erred in allowing evidence of the State's theory that he killed Franklin because Franklin was a witness in a prior prosecution. McFadden asserts that because the McFadden I jury rejected this statutory aggravator, the State collaterally was estopped from presenting this evidence in this trial because the McFadden I jury's rejection of the statutory aggravator constituted an acquittal. Hence, McFadden argues this subjected him to double jeopardy. McFadden requests this Court to reverse the judgment and remand the case for a new penalty phase trial.

At trial, the State presented evidence regarding a possible motive for McFadden to kill Franklin. However, the State did not submit this statutory aggravator to the jury.

In Poland v. Arizona, 476 U.S. 147, 106 S.Ct. 1749, 90 L.Ed.2d 123 (1986), the United States Supreme Court “reject[ed] the fundamental premise of petitioner's argument, namely, that a capital sentencer's failure to find a particular aggravating circumstance alleged by the prosecution always constitutes an ‘acquittal’ of that circumstance for double jeopardy purposes....” Id. at 155, 106 S.Ct. 1749. Following Poland, this Court held “the failure to find a particular aggravating circumstance forms the basis for judgment of acquittal on the imposition of the death sentence only when there is a complete failure to find that any aggravating circumstance exists to support the death sentence.” State v. Simmons, 955 S.W.2d 752, 760 (Mo. banc 1997) (emphasis added).

The trial court allowed the State to present evidence of a possible motive for McFadden to murder Franklin. The State did not submit the same aggravator from McFadden's first jury trial, McFadden I. This Court rejected the same theory of double jeopardy in State v. Storey, 40 S.W.3d 898, 914–15 (Mo. banc 2001) (holding the submission of an aggravator rejected in a previous trial does not violate double jeopardy). Accordingly, McFadden was not subjected to double jeopardy, and there was no error.

Point Three: Venireperson's Removal for Cause

McFadden claims the trial court abused its discretion in sustaining a strike for cause to venireperson Mark Kerr (hereinafter, “Venireperson Kerr”). McFadden believes Venireperson Kerr stated he was able to follow the court's instructions and was unimpaired by his views; therefore, he was a qualified juror.

A prospective juror in a capital case may be excluded for cause when “the juror's views would prevent or substantially impair the performance of his [or her] duties as a juror in accordance with his [or her] instructions and his [or her] oath.” Wainwright v. Witt, 469 U.S. 412, 424, 105 S.Ct. 844, 83 L.Ed.2d 841 (1985) (internal quotation marks omitted). A juror's qualifications are not determined conclusively by a single answer but rather from the entire voir dire examination. State v. Davis, 318 S.W.3d 618, 639 (Mo. banc 2010).

“The trial court is in the best position to evaluate a vernireperson's commitment to follow the law and is vested with broad discretion in determining the qualifications of prospective jurors.” State v. Clayton, 995 S.W.2d 468 (Mo. banc 1999). Unless the trial court abuses its discretion, a trial court's ruling on a challenge for cause will not be disturbed. State v. Deck, 303 S.W.3d 527, 535 (Mo. banc 2010). “Deference to the trial court is appropriate because it is in a position to assess the demeanor of the venire, and of the individuals who compose it, a...