State v. Rice

• Decision Date: 02 April 2019
• Docket Number: No. SC 96737,SC 96737
• Citation: 573 S.W.3d 53
• Parties: STATE of Missouri, Respondent, v. Marvin D. RICE, Appellant.
• Court: Missouri Supreme Court

573 S.W.3d 53

STATE of Missouri, Respondent,

v.Marvin D. RICE, Appellant.

No. SC 96737

Supreme Court of Missouri, en banc.

Opinion issued April 2, 2019

Rehearing Denied June 4, 2019

Rice was represented by Craig A. Johnston of the public defender’s office in Columbia, (573) 777-9977.

The state was represented by Nathan J. Aquino of the attorney general’s office in Jefferson City, (573) 751-3321.

Mary R. Russell, Judge

Marvin Rice appeals his convictions for first- and second-degree murder. The circuit court sentenced him to death for the first-degree murder of Annette Durham and to life imprisonment for the second-degree murder of Steven Strotkamp.

Rice argues the circuit court erred in refusing to submit his proposed jury instructions for second-degree murder and voluntary manslaughter for Strotkamp’s murder. He contends he was entitled to the instructions because there was evidence from which a jury could find he acted out of sudden passion arising from adequate cause in the death of Strotkamp. Rice also asserts the circuit court violated his right against self-incrimination under Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), by admitting at trial statements he made during a police interrogation after he had invoked his right to silence. He further alleges his due process rights were violated when the circuit court allowed the State to introduce evidence of his post- Miranda silence. In addition, Rice argues the case should be remanded for a new penalty phase because the circuit court erred in overruling his objection to the State’s penalty phase closing argument in which it commented that Rice was the "13th juror." Rice asserts this impermissibly referenced his decision not to testify and consequently violated his right against self-incrimination.

As to the Strotkamp murder, the judgment is reversed, and the case is remanded because the circuit court erred when it refused to submit Rice’s proposed jury instructions in that there was sufficient evidence from which the jury could find that Rice acted out of sudden passion arising from adequate cause. As to the Durham murder, the circuit court erred in admitting statements made in violation of Rice’s Miranda rights. This error, however, was harmless beyond a reasonable doubt because it did not contribute to the verdict obtained. Similarly, although Rice’s right to due process was violated when the circuit court admitted evidence of his post- Miranda silence, these violations were also harmless beyond a reasonable doubt.

Further, the circuit court erred when it overruled Rice’s objection to the State’s penalty phase closing argument because the State’s remark was an impermissible reference to Rice’s decision not to testify. This error requires the judgment on Durham’s murder to be reversed as to the penalty phase of the trial. The case is remanded.

Background

Rice was charged with two counts of first-degree murder for the deaths of Durham, his former girlfriend, and Strotkamp, Durham’s boyfriend. Rice and Durham had a son, A.R. Though there was no formal custody arrangement between Rice and Durham, Rice had primary custody of A.R., who was born while Durham was incarcerated.

Evidence adduced at trial demonstrated that, on the night of the homicides, Durham picked up A.R. from Rice. Although Durham had occasionally visited with A.R., she had yet to have an unsupervised visit. This was set to be her first. Rice informed Durham she needed to return A.R. that night, but Durham had unspoken plans to care for him for the next three days.

At some point that evening, Durham called Rice and informed him she would not be returning A.R. Enraged by this conversation, Rice grabbed his gun and two extra magazines before setting out to retrieve A.R. He stopped at an ATM and a gas station before arriving at the home of Durham’s sister-in-law in search of A.R. Not finding him there, Rice drove to the home of Durham’s father, again having no luck locating A.R. He then learned A.R. was at the home Strotkamp and Durham shared in Dent County and drove there.

Upon arriving, he found A.R. with the couple and Durham’s six-year-old daughter, S.C. Upon hearing Rice arrive, Durham instructed S.C. to take A.R. into the bedroom and close the door. S.C. heard Durham and Rice argue about A.R. from what she believed to be the front doorway. At some point, Strotkamp approached the two as well. During the exchange, Rice broke the front door down. S.C. then heard what she believed to be someone banging on the washer and dryer near the front door, but the sounds were later determined to be gunshots. Rice then came into the bedroom carrying a gun and, saying nothing to S.C., he picked up A.R. and left the room.

S.C. exited the bedroom and cried out to her mother, who did not answer. She first discovered Strotkamp, who was lying in the hallway and groaning. She then found her mother’s body lying on the ground outside.

S.C. ran to the nearby home of Strotkamp’s parents, Carol Strotkamp and Stanley Watson. Ms. Strotkamp ran to the scene of the crime, finding Durham deceased and her son bleeding profusely. When his mother asked him what happened, Strotkamp said, "Marvin Rice." Ms. Strotkamp ran back home to call for help while Watson ran back to Strotkamp’s home to stay with him until help arrived. Strotkamp again mentioned Rice’s name to Watson. Strotkamp died before emergency personnel arrived.

Meanwhile, Rice dropped A.R. off with his wife and started driving toward a hospital in Columbia. A Dent County sergeant called Rice and spoke with him over the telephone, encouraging Rice to turn himself in. Rice spoke about finding a place to commit suicide and warned the sergeant that everyone must stay out of his way or he would shoot them.

En route to Columbia, Rice was involved in a high-speed chase with law enforcement officers. Police officers in Jefferson City closed down the highway and deployed spike strips in an attempt to stop Rice’s speeding car. Eventually, Rice pulled into a Jefferson City hotel parking lot and entered the hotel. Engaging in a shootout with an off-duty police officer, Rice was shot, which caused him to fall to the ground. He was arrested and was taken to the hospital for treatment.

While Rice was being treated at the hospital, a highway patrol sergeant detective began interrogating him. The detective read Rice his Miranda rights, which Rice indicated he understood. After Rice made a few comments about what had happened at the hotel, Rice stated, "I'm sorry, sir, I don't wanna talk no more." After the detective confirmed Rice no longer wanted to speak, the interrogation and the recording ended.

Approximately 20 to 30 minutes later, the detective reinitiated his questioning without rereading Rice his Miranda rights. Rice responded to the detective’s questions about Rice’s history working for the Dent County sheriff’s office. The interrogation then stopped so Rice could use the restroom and resumed 20 to 30 minutes later. The detective reminded Rice of his Miranda rights but did not reread them. Rice acknowledged he remembered and understood his rights.

The detective again attempted to question Rice about what had happened the night of the shootings. Rice stated, "I got nothing to say, sir." The detective did not stop questioning Rice, imploring Rice to cooperate because, if Rice did not give his side of the story, "somebody else [was] gonna give [him] one." Rice again indicated he did not want to be interrogated: "My heart doesn't like this. I don't wanna talk." But the detective continued questioning Rice, again asking him if he had anything else to say. After Rice mumbled a negative answer, the detective stopped the interrogation.

Within minutes, Rice voluntarily began talking to the detective again. He described his recent struggles with depression and stated he was sorry about what had happened that night. Another, longer break then occurred in the interrogation, during which doctors performed medical tests and Rice received treatment. The interrogation was put on hold until the next morning. When the detective reread Rice his Miranda rights and began questioning him again, Rice answered the detective’s questions and explained in detail his version of the previous night’s events.

Rice was charged with two counts of first-degree murder. Before trial, Rice filed a motion to suppress the statements he made during the hospital interrogation on the basis he had invoked his right to remain silent and this invocation was not honored. The circuit court overruled the motion after a hearing, and the evidence was admitted at trial over Rice’s continuing objection. At trial, the State also presented evidence demonstrating that, when Rice was being interrogated, he refused to answer the detective’s questions. Rice objected and moved for a mistrial. The motion was overruled.

During the instructions conference, Rice submitted two proposed jury instructions for the murder of Strotkamp. One, Instruction D, was for second-degree murder and included language requiring a finding that Rice did not act out of sudden passion arising from adequate cause. The other, Instruction E, was for voluntary manslaughter. The State objected to both instructions, which the circuit court sustained. After deliberations, the jury found Rice guilty of second-degree murder for the death of Strotkamp and guilty of first-degree murder for the death of Durham.

Rice did not testify at either the guilt or penalty phase of trial. During the State’s closing argument during the penalty phase, it referred to Rice as the "13th juror."

But when you go back there and when you do this [deliberate on punishment], I hope you remember only 12 of you are going to do it, [but] there’s a 13th juror in this room. The 13th juror is sitting behind you, we often call them the defendants, but he’s the 13th juror and if I'd been allowed to ask him those questions last week, he would have told us....

The State’s argument was...