Stapleton v. State

696 P.2d 180, 1985 Alas. App. LEXIS 291
CourtCourt of Appeals of Alaska
DecidedMarch 1, 1985
DocketNo. A-127
StatusPublished
Cited by2 cases

This text of 696 P.2d 180 (Stapleton v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stapleton v. State, 696 P.2d 180, 1985 Alas. App. LEXIS 291 (Ala. Ct. App. 1985).

Opinion

SINGLETON, Judge.

After a jury trial, William Roy Stapleton was convicted of assault in the second degree. AS 11.41.210(a)(1). Stapleton appeals alleging two errors. First, Stapleton argues that the trial court erred in giving a coercive instruction to a deadlocked jury. Second, he contends the trial court erred in instructing the jury regarding self-defense. Stapleton contends that the trial court erred in rejecting Stapleton’s proposed instruction which would have told the jury that there is no duty to retreat before using deadly force if a person is attacked on premises which are leased or rented to him and he is not the initial aggressor. See AS 11.81.335(b)(1). We affirm.

FACTS

On December 10, 1982, Yohannes Mes-fine was the desk clerk at the Fireweed [181]*181Hotel in Anchorage. Stapleton, a cabdriver, was a long-term resident there, and at one time had been the desk clerk. On the afternoon of December 10, Mesfine went to ' the television lounge where Stapleton was watching television and asked Stapleton to come to the hotel office. Mesfine was upset because he believed that Stapleton had talked to the hotel manager about Mesfine mistreating guests. They went to the office and spoke heatedly. Stapleton told Mesfine that he was inefficient and that Stapleton could get Mesfine’s job if Staple-ton wanted it. Stapleton left and returned to the television lounge. Mesfine followed Stapleton back to the television lounge and called him a bastard. Stapleton got angry and came out of the television lounge. They both went back to the office. When Stapleton asked Mesfine what he had called Stapleton, Mesfine repeated it. One of them, though it is unclear which, asked the other if he wanted to go outside and finish this discussion. Stapleton testified Mesfine said it; the only witness, Mr. Schindler, testified he did not know which one said it. Stapleton left the office, but returned quickly. There are three different versions of what happened next: Stapleton’s, Mes-fine’s, and Schindler’s.

Stapleton testified that he returned to see if they could “buffer this off.” He said that as he got to the office, Mesfine whirled toward him with something in his left hand. Stapleton said he thought it was a gun or knife because of Mesfine’s attitude. Stapleton said that he was aware that prior employees sometimes kept a gun under the counter and a former desk clerk so testified. Stapleton stated that he shot Mesfine without waiting, as Stapleton could not have gotten out the door without the risk of being shot or knifed, and that he shot to protect himself. However; when Stapleton made a statement at the police station, he said Mesfine raised his fists at him. Stapleton did not mention any weapon to the people at the scene or to the police. He threw the gun over the fence behind the hotel because he was “scared and confused.” The gun was never found.

Mesfine testified that after Stapleton left, he went back to his regular work. He marked something on the calendar and was about to sit down when Stapleton returned. Mesfine stated that Stapleton came in, neither of them said anything, and Stapleton pulled out a gun and shot him. Mesfine testified that there was no gun in the office.

Schindler, a hotel resident and desk clerk, testified that he went out into the hall after Stapleton went toward the office the second time, as Schindler thought there would be some physical contact between Stapleton and Mesfine. He saw Stapleton pull a gun from his pocket and shoot in the direction of Mesfine. Schindler also said that Mesfine and Stapleton were talking again before the shot. Schindler entered the office immediately after the shooting and found Mesfine sitting in the corner in his chair holding his arm. Schindler testified that immediately after shooting Mes-fine Stapleton said, “There, how do you like that?”

At trial, defense counsel requested an instruction that there is no duty to retreat before using deadly force if the person is on premises which are leased or rented to him and he is not the initial aggressor. See AS 11.81.335(b)(1). He reasoned that it was a question for the jury whether the shooting occurred on premises leased to Stapleton. The court refused this instruction, instructing instead that there is a duty to retreat before using deadly force. See AS 11.81.335(b). The court concluded that the hotel office was not within the premises leased to Stapleton.

The jury began deliberating about 4:30 p.m. on April 12, 1983. It recessed at 8:00 p.m. and resumed around 9:00 a.m. on April 13. About 10:50 a.m. the jury indicated that it was split seven to five and it had been since 7:00 p.m. on April 12. Defense counsel objected to Judge Buckalew’s proposed remark that if the jury could not reach a verdict, the trial would have to be started over. Counsel reasoned that informing the jury that another jury would have to decide the case was not an appro[182]*182priate charge. The judge said that he would ask the jury if it was deadlocked and tell it that it should deliberate some more. When the jury came in, Judge Buckalew said:

THE COURT: Let’s see, Mr. [Foreman], I have your note here which indicates that the jury is having some problems resolving this case. Of course both counsel have copies of the note. My first observation is this, is that you haven’t been out too long on this case, and somewhere along the road, twelve people are going to have to decide this issue, and I’m of a mind to direct you to go out and give it one more attempt and see if you can resolve it.
THE FOREMAN: We’re willing to do that if you want us to, Your Honor. The chances are very slim.
THE COURT: Well, even if they’re — if there’s a slim chance, I think I ought to require you to take another look at it. I’ve instructed you the purpose of a jury trial is to resolve and decide an issue and in this kind of case, the trial jury is the only one in — it’s the only body in the world that can decide this matter. I can’t decide it, the attorneys can’t decide it. Twelve jurors are hopefully — I hope they can decide it and I’m sure that the jurors have discussed the facts with one another, listened to the arguments of the other jurors and the positions of the other jurors and I’m going to respectfully ask you to go out and give it another whirl.
THE FOREMAN: All right. We’ll (indiscernible — simultaneous speech).
THE COURT: And maybe have lunch, maybe if you have a good lunch and come back after lunch and take another look at it, and if you can’t decide it, why, you can’t decide it, and I’ve instructed the jurors that the purpose of the jury system is to settle an issue and I’ve further instructed you that if you can’t do it without giving up your conviction simply to reach a verdict, I instruct you you’re not to do that, so — but I hope that you can resolve this issue, so you can talk to Miss Capea (ph) about — how does that sound? Are you willing to have lunch and take another look at it?
THE FOREMAN: We’ll do that.
THE COURT: All right. Thank you very much then.

After the jury left, defense counsel noted on the record his objection to Judge Bucka-lew’s remark about twelve people having to decide this issue.

DISCUSSION

I.

Stapleton first argues that the trial court erred by indicating to the jury that the case would have to be retried if the jury failed to reach a verdict.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Carpenter v. State
408 P.3d 1235 (Court of Appeals of Alaska, 2017)
State v. McArthur
899 A.2d 691 (Connecticut Appellate Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
696 P.2d 180, 1985 Alas. App. LEXIS 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stapleton-v-state-alaskactapp-1985.