State v. Chambers

• Decision Date: 20 December 1994
• Docket Number: No. 74525,74525
• Citation: 891 S.W.2d 93
• Parties: STATE of Missouri, Respondent, v. James Wilson CHAMBERS, Appellant.
• Court: Missouri Supreme Court

Page 93

891 S.W.2d 93

STATE of Missouri, Respondent, v. James Wilson CHAMBERS, Appellant.

No. 74525.

Supreme Court of Missouri,

En Banc.

Dec. 20, 1994.

As Modified on Denial of Rehearing Jan. 24, 1995.

William J. Swift, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Millie Aulbur, Asst. Atty. Gen., Jefferson City, for respondent.

BENTON, Judge.

The jury convicted James Wilson Chambers of capital murder, and assessed the punishment as death; the circuit court imposed the death sentence. Two earlier convictions for the same murder have been reversed. State v. Chambers, 671 S.W.2d 781 (Mo. banc 1984); Chambers v. Armontrout, 885 F.2d 1318 (8th Cir.1989), aff'd en banc, 907 F.2d 825 (8th Cir.), cert. denied, 498 U.S. 950, 111 S.Ct. 369, 112 L.Ed.2d 331 (1990). Chambers filed a motion for post-conviction relief under Rule 29.15. In a consolidated appeal, Chambers raises 29 points of error. This Court affirms.

I.

This Court reviews the facts in the light most favorable to the verdict. State v. Shurn, 866 S.W.2d 447, 455 (Mo. banc 1993), cert. denied, --- U.S. ----, 115 S.Ct. 118, 130 L.Ed.2d 64 (1994).

On May 29, 1982, Jerry Oestricker was in a bar. Heading for the restroom, he bumped into a member of the Turner family; an argument ensued. After the bar owner was summoned from home, he asked Oestricker and the Turners to leave. The Turners did, but Oestricker did not.

About an hour later, Chambers arrived at the bar with one of the Turners and two other people. Those two stayed in the car, parked facing the road. Chambers carried a .38 caliber revolver.

Chambers and Oestricker argued. The bar owner told them to leave. Chambers started to leave, then turned and said to Oestricker: "Come on out, you motherfucker. We'll settle this outside." Oestricker followed Chambers outside.

Within seconds after both exited, people in the bar heard a gunshot. Chambers then repeatedly hit Oestricker (who had been shot in the heart) in the face with a gun. Chambers dragged Oestricker out of the doorway and shouted into the bar: "The rest of you motherfuckers want some of this?" Chambers then rode off, in the waiting car. Oestricker died of a gunshot wound.

II. Preliminary Issues

A. Jurisdiction

Chambers argues that the state failed to give notice of its intent to retry him and did not actually retry him within the deadlines set by the Eighth Circuit in reversing his conviction. He further argues that these delays violated his rights to due process and freedom from cruel and unusual punishment, which in turn deprive this Court of jurisdiction.

On November 5, 1990, the Eighth Circuit reversed Chambers' conviction and directed the federal district court to order the state (1) either to retry Chambers within 120 days or to free him from custody, and (2) to notify the federal courts of the state's intent within 45 days. On November 9, the federal district court issued the required order.

On November 13, retrial was set for February 4, 1991 (less than 120 days after November 5). Before the retrial, Chambers moved for changes of judge and venue, thus tolling the 120-day retrial period. On December 26, 1990, the state notified the federal courts that it intended to retry Chambers and that he had been transferred from state custody to a local jail as a pretrial detainee.

Chambers raises three claims. First, Chambers argues that the state violated the Eighth Circuit's mandate by not retrying him until October 1991. Twice in 1991, the federal district court extended the time for retrial, and Chambers was retried before the second extension expired. The Eighth Circuit ruled that the district court did not err in granting these extensions. Chambers v. Armontrout, 16 F.3d 257, 261 n. 2 (8th Cir.1994). It interpreted its own mandate not to limit the state's power to retry Chambers, but to require that if Chambers were not retried in 120 days the state "would have to treat the petitioner 'not as someone in its custody pursuant to a death sentence, but as an unsentenced person.' " Id., quoting Moore v. Zant, 972 F.2d 318, 320 (11th Cir.1992) (per curiam), cert. denied, 507 U.S. 1007, 113 S.Ct. 1650, 123 L.Ed.2d 271 (1993). The Eighth Circuit noted that Chambers had, in fact, been released by the Department of Corrections to a local jail within the 120-day period, and that the delays in retrying him were at least partly attributable to the defense. Id. This Court will follow the Eighth Circuit's interpretation of its own mandate.

Second, Chambers argues--for the first time on appeal--that the state filed late the notice of intent to retry. Chambers is correct that the notice was filed six days late, but fails to show any prejudice from the late filing. Cf. Doggett v. United States, 505 U.S. 647, ----, n. 1, 112 S.Ct. 2686, 2691, n. 1, 120 L.Ed.2d 520 (1992) (prejudice not presumed for speedy trial purposes until delay is one year). Moreover, Chambers cites no authority that the late filing deprives this Court of jurisdiction or the state of the right to retry him.

Third, Chambers claims ineffective assistance of counsel because trial counsel did not (1) seek his release when the initial retrial period lapsed, nor (2) appeal the extensions of time granted by the federal district court. Defense counsel testified they needed additional time (beyond the original retrial period) to prepare for trial. In fact, months after the original retrial period lapsed, they requested further continuances, alleging they were still not prepared. See section II.B. below. Reasonable trial counsel do not seek trial dates for which they know they are not prepared.

Chambers' challenge to jurisdiction is denied. This Court has jurisdiction. Mo. Const. art. V, § 3.

B. Continuances

Chambers claims that the trial court abused its discretion and violated the United States and Missouri constitutions by denying a continuance to permit additional preparation. The trial court did grant Chambers a five-week continuance before denying the subsequent motion.

The decision to grant or deny a continuance is within the sound discretion of the trial court. State v. Schaal, 806 S.W.2d 659, 666 (Mo. banc 1991), cert. denied, 502 U.S. 1075, 112 S.Ct. 976, 117 L.Ed.2d 140 (1992). A very strong showing is required to prove abuse of that discretion; the party requesting the continuance must show prejudice. Id., citing State v. Nave, 694 S.W.2d 729, 735 (Mo. banc 1985), cert. denied, 475 U.S. 1098, 106 S.Ct. 1500, 89 L.Ed.2d 901 (1986). Inadequate preparation does not justify a continuance where counsel had ample opportunity to prepare. Id.

Here, trial counsel had ample opportunity to prepare. Counsel entered appearances December 13, 1990; the trial began October 28, 1991. Chambers received a five-week continuance to October 28 in order to permit additional preparation. Moreover, two months before that continuance was granted, Chambers filed for habeas corpus, seeking release because the state was too slow in retrying him after the Eighth Circuit's remand. See Chambers v. Armontrout, 16 F.3d 257 (8th Cir.1994); see also section II.A., above. The federal district court ordered the state to retry Chambers by November 5, 1991, or free him from custody. On this record, the trial court did not abuse its discretion nor violate the constitutions in denying Chambers a second continuance.

III. Jury Issues

A. Alleged Juror Misconduct

Chambers seeks reversal, or alternatively a second hearing, alleging that jurors learned that he had been previously convicted and sentenced to death for Oestricker's murder.

The trial court conducted a hearing on Chambers' allegations (contained in his motion for new trial). Witness Rector, while himself in jail, testified that Overton, an inmate in the next cell, said he had worked at the hotel where the jury was sequestered and had overheard jurors saying they knew Chambers had been sentenced to death for Oestricker's murder, and that the state's evidence supported only a manslaughter charge.

Overton's sworn testimony directly contradicted Rector: he testified that he had little to do with the jury, had not heard them discuss anything about the case, and denied telling Rector anything about the jury other than that it stayed at the hotel where he worked. The motion court denied Chambers' motion, stating: "I find the testimony of Witness Overton credible and that of Witness Rector not credible."

Chambers argues that the alleged juror misconduct violated constitutional rights and § 547.020(2) RSMo 1986, which permits a new trial when the jury "has been guilty of any misconduct tending to prevent a fair and due consideration of the case." Juror misconduct during trial requires a new trial "unless the state affirmatively shows that the jurors were not subject to improper influences." State v. Babb, 680 S.W.2d 150, 151 (Mo. banc 1984), quoting State v. Dodson, 338 Mo. 846, 92 S.W.2d 614, 615 (1936). Juror misconduct during deliberations creates a rebuttable presumption of prejudice, which can be overcome with evidence. Babb, 680 S.W.2d at 152. After hearing evidence, the motion court's decision is reviewable only for abuse of discretion. Id.

The motion court heard the evidence, evaluated credibility, and believed Overton, not Rector. On this record, the state met its burden, and the motion court did not abuse discretion in denying the motion for new trial.

Chambers argues alternatively that State v. Harvey, 730 S.W.2d 271 (Mo.App.1987), required the motion court to hear testimony from jurors before denying the motion. Harvey does not always require juror testimony once misconduct is alleged. In fact, such a requirement is inconsistent with Babb, which held that jurors may testify at the hearing, but not that they must be called. Babb, 680 S.W.2d at 152. Point denied.

B. Non-MAI Cautionary Instruction

Chambers claims that before death qualification, the trial court should have submitted a non-MAI...