Criminal
Cross-Examination Does Not Waive Hearsay Objection
The elements of unlawful use of a weapon, by being a felon in possession of a firearm, include control over a firearm. A State witness relayed a hearsay statement, offered to explain the witness’s subsequent conduct, but also declared that defendant felon had control of firearms; and the declarant never appeared in court. The defense’s cross-examination of the witness to discredit the hearsay statement elicited further evidence to support convictions, but it did not waive or cure the circuit court’s error in admitting the statement. Prejudice resulted because the evidence was reasonably probable outcome determinative, in that the remaining evidence only showed that defendant knew the firearms’ presence, not that defendant had control of the firearms. Each firearm unlawfully possessed constituted a separate offense. Reversed and remanded for a new trial.
State of Missouri, Respondent, vs. Eric G. Hollowell, Appellant.
Supreme Court of Missouri – SC99332
Castle Doctrine Covers Cars
An instruction is due when it has support in substantial evidence. Evidence showed that defendant shot persons who ran at defendant with a firearm, and punched defendant through defendant’s open car window, so an instruction was due under statute embodying the Castle Doctrine. The Castle Doctrine allows deadly force reasonably believed necessary against unlawful force from a person who unlawfully entered her vehicle. Evidence that the person who struck defendant withdrew immediately does not negate the evidence that the unlawful entry and gunshot occurred simultaneously. Submitting only a general self-defense instruction prejudiced defendant because that instruction required defendant to show that defendant faced death or serious physical injury. When the evidence supported instructions for both general self-defense and Castle Doctrine, both instructions were due. Remanded for new trial.
State of Missouri, Respondent, vs. Andrea Shaunte Straughter, Appellant.
Supreme Court of Missouri – SC99170