Crider v. State

531 S.W.3d 86
CourtMissouri Court of Appeals
DecidedOctober 23, 2017
DocketNo. SD 34667
StatusPublished

This text of 531 S.W.3d 86 (Crider v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crider v. State, 531 S.W.3d 86 (Mo. Ct. App. 2017).

Opinion

WILLIAM W. FRANCIS, JR., J.

Cleat Crider (“Crider”), appeals the judgment of the motion court denying his Rule 29.151 motion to set aside his conviction for statutory sodomy in the first degree, for which he was- sentenced to 30 years in prison. In one point, Crider asserts the motion court clearly erred in denying his Rule 29.15 motion because trial counsel was ineffective for failing to notify the trial court of juror nondisclosure prior to the hearing on Crider’s motion for new trial. Because the motion court’s decision to deny the post-conviction motion was not clearly erroneous, we affirm.

Facts and Procedural History

In reciting the facts of this matter, we view the evidence in the light most favorable to the motion court’s judgment. Day v. State, 495 S.W.3d 773, 774 (Mo.App. S.D. 2016).

Crider sexually abused a 13-year-old girl (“Victim”), nearly every day from April 2004 to May 2005. In early December 2004, T.D., a friend of Victim’s sister, witnessed Crider sexually assault Victim. T.D. later reported the incident and the police were contacted. T.D. gave a statement to police about the incident in May 2005.

Crider was charged with the unclassified felony of statutory, sodomy in the first degree. See § 566,062, RSMo 2000.1 A jury trial was held on January 21,2009.

During voir dire, the prosecutor asked whether anyone on the panel was “familiar with [T.D.]?” The prosecutor indicated that her last name had changed, and gave the new last name to the panel. No'members of the panel responded affirmatively.

The State put bn the testimony of Victim and T.D. in its case in chief, and' both described Crider’s sexual abuse of Victim. Crider did not testify or put on any evidence. The jury found Crider guilty of first-degree statutory sodomy.

,On February 3, 2009, Crider called trial counsel and indicated that the jury foreperson, Juror D.B., knew T.D.’s father, Crider gave trial counsel the names of two former employees of Juror. D.B., and said they would know more about the relationship between Juror D.B. and T.D.’s father. Trial counsel passed those names to the defense investigator, who interviewed both former employees.

Those interviews yielded the following information: Juror D.B. “might have been in the area[]” when the two former employees discussed newspaper accounts of Crider’s arrest; that T.D.’s father had some appliances repaired by Juror D.B.’s business; and that T.D.’s father and Juror D.B. had “typical interaction^] that you have [in] running a business.”

On February 9, 2009, defense investigator contacted Juror D.B. Juror D.B. came to trial counsel’s office. He was “upset” because he “felt that he had performed his duties as a juror, and, in fact, went against the other jurors who wanted to convict [Crider] just based on his appearance[.]” Juror D.B. had opposed that and “wanted [the other jurors] to look at the facts[ ]” of the case. T.D.’s last name was different from her father’s, and Juror D.B. did not deduce that T.D. and her father were related until sometime during the trial.

Juror D.B. said he had fired the two former employees in question because they had smoked “pot” in his place of business. In contrast, Crider said the two former employees were friends, and Juror D.B. had fired them both after one of them had missed too much work. Trial counsel evaluated this information and believed that “either way, they appeared to be disgruntled employees, or it may have affected their credibility and believability with what they were telling me, which was already just general information, not specific information.” The investigation did not indicate that Juror D.B. and T.D.’s father had discussed the case, or that Juror D.B. knew anything more than general knowledge about the case. There was no information to indicate that Juror D.B. “had any kind of relationship with [T.D.] prior to trial[.]”

At the conclusion of the week-long investigation, trial counsel spoke with the district defender about the investigation and whether to include this matter in a motion for a new trial.

On February 10, 2013, trial counsel filed a motion for new trial, but did not include an allegation of juror nondisclosure because: (1) there was no evidence that Juror D.B. knew anything other than general information about the case prior to trial; (2) there was no evidence that Juror D.B. and T.D.’s father had discussed the case prior to trial; (3) the former employees lacked credibility and would be subject to impeachment; (4) Juror D.B. was upset that his conduct as a juror and foreperson were being questioned, he took that responsibility very seriously, and had to persuade other jurors to look at the facts when they wanted to convict Crider based on his appearance alone; and (5) it would be reasonable to believe that Juror D.B. did not recognize T.D.’s name when it was mentioned in voir dire since her last name was different than her father’s.

On March 9, 2009, the trial court denied Crider’s motion for new trial and sentenced Crider to 30 years in prison. On direct appeal, this Court affirmed Crider’s conviction in State v. Crider, 309 S.W.3d 376 (Mo.App. S.D. 2010), with mandate issuing on May 28, 2010.

Crider timely filed a Rule 29.15 pro se “Motion to Vacate, Set Aside or Correct the Judgment and Sentence.” Appointed counsel filed an amended motion2 that raised the single claim that trial counsel was ineffective for failing to notify the trial court that a member of the jury had failed to disclose his familiarity with T.D.

On January 25, 2016, an evidentiary hearing was held. On September 9, 2016, the motion court denied Crider’s motion finding that Crider failed to meet his burden of showing any bias or prejudice on the part of Juror D.B. The motion court also found that trial counsel was not ineffective for failing to raise the issue of juror nondisclosure to the trial court, and that Crider would not have been entitled to relief had trial counsel brought the claim of juror nondisclosure to the trial court’s attention prior to the hearing on the motion for new trial. This appeal followed.

In one point on appeal, Crider asserts the motion court erred in denying his Rule 29.15 motion because trial counsel failed to bring the issue of juror nondisclosure to the trial court’s attention prior to the hearing on his motion for new trial.

Standard of Review

Appellate review under Rule 29.15 is limited to a determination of whether the findings and conclusions of the motion court are clearly erroneous. Williams v. State, 168 S.W.3d 433, 439 (Mo. banc 2005) (citing Rule 29.15(k)). “Findings and conclusions are clearly erroneous if, after reviewing the entire record, the appellate court has the definite and firm impression that a mistake has been made.” Id. We defer to the motion court’s credibility determinations. Bradley v. State, 292 S.W.3d 561, 566 (Mo.App. E.D. 2009).

Analysis

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Related

Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
Williams v. State
168 S.W.3d 433 (Supreme Court of Missouri, 2005)
State v. Crider
309 S.W.3d 376 (Missouri Court of Appeals, 2010)
Bradley v. State
292 S.W.3d 561 (Missouri Court of Appeals, 2009)
Saint Louis University v. Geary
321 S.W.3d 282 (Supreme Court of Missouri, 2009)
State of Missouri v. Thomas A. Ess
453 S.W.3d 196 (Supreme Court of Missouri, 2015)
Charles K. Moore v. State of Missouri
458 S.W.3d 822 (Supreme Court of Missouri, 2015)
JAMES DAY v. STATE OF MISSOURI
495 S.W.3d 773 (Missouri Court of Appeals, 2016)
Brandon Roberts v. State of Missouri
502 S.W.3d 734 (Missouri Court of Appeals, 2016)
State v. McFadden
391 S.W.3d 408 (Supreme Court of Missouri, 2013)
McCoy v. State
431 S.W.3d 517 (Missouri Court of Appeals, 2014)
Creighton v. State
520 S.W.3d 416 (Supreme Court of Missouri, 2017)

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Bluebook (online)
531 S.W.3d 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crider-v-state-moctapp-2017.