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State Missouri v. Nila Jeanne Wacaser - Supreme Court of Missouri

By Supreme Court of Missouri

Release Date: 1990-07-31

Genre: Law

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The defendant was initially charged with two counts of first degree murder in the stabbing deaths of her sons Jeremy, aged
11, and Eric, aged 8. Before trial the state entered a nolle prosequi of Count I, relating to Jeremy, and the trial proceeded
on Count II, charging the murder of Eric. The jury found the defendant guilty as charged but was unable to agree on the punishment.
The trial Judge then proceeded in accordance with § 565.030.4, RSMo 1986, finding three statutory aggravating circumstances
and sentencing the defendant to death. The appeal from the judgment and sentence is consolidated with an appeal from the denial
of her motion under Rule 29.15, which was heard by another Judge. We reverse the conviction and remand for a new trial because
of error in the failure to sustain a challenge to a venireman for cause. This holding moots the 29.15 appeal. Of the remaining
29 points, we need consider only those which are likely to present problems on retrial. 1. Overruling of Challenges for Cause The defendant argues that the trial court committed reversible error in overruling
her challenge for cause to jurors Beavers and Morelock. The questioning of Beavers continued over many pages of the transcript.
The problem is best illustrated by quotation, as follows:
Pineal: Xt Open Your Third Eye

State Missouri v. Nila Jeanne Wacaser - Supreme Court of Missouri

By Supreme Court of Missouri

Release Date: 1990-07-31

Genre: Law

(0 ratings)
Read Download
The defendant was initially charged with two counts of first degree murder in the stabbing deaths of her sons Jeremy, aged
11, and Eric, aged 8. Before trial the state entered a nolle prosequi of Count I, relating to Jeremy, and the trial proceeded
on Count II, charging the murder of Eric. The jury found the defendant guilty as charged but was unable to agree on the punishment.
The trial Judge then proceeded in accordance with § 565.030.4, RSMo 1986, finding three statutory aggravating circumstances
and sentencing the defendant to death. The appeal from the judgment and sentence is consolidated with an appeal from the denial
of her motion under Rule 29.15, which was heard by another Judge. We reverse the conviction and remand for a new trial because
of error in the failure to sustain a challenge to a venireman for cause. This holding moots the 29.15 appeal. Of the remaining
29 points, we need consider only those which are likely to present problems on retrial. 1. Overruling of Challenges for Cause The defendant argues that the trial court committed reversible error in overruling
her challenge for cause to jurors Beavers and Morelock. The questioning of Beavers continued over many pages of the transcript.
The problem is best illustrated by quotation, as follows:
Pineal: Xt Open Your Third Eye

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Pineal: Xt Open Your Third Eye