State v. Cannady

389 S.W.3d 306, 2013 WL 298079, 2013 Mo. App. LEXIS 92
CourtMissouri Court of Appeals
DecidedJanuary 25, 2013
DocketNo. SD 31771
StatusPublished
Cited by7 cases

This text of 389 S.W.3d 306 (State v. Cannady) 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
State v. Cannady, 389 S.W.3d 306, 2013 WL 298079, 2013 Mo. App. LEXIS 92 (Mo. Ct. App. 2013).

Opinion

NANCY STEFFEN RAHMEYER, J.

Jillian Michelle Cannady (“Appellant”) appeals her conviction for first-degree assault, section 565.050,1 in attempting to cause and thereby causing serious physical injury to Kelly Halphin (“Victim”) by throwing hot cooking grease on her. On appeal, she challenges that the trial court plainly erred in failing to sua sponte correct a statement made during the State’s closing argument that Appellant had “wanted to do this for a long time,” and in admitting photographs of Victim’s injuries, taken by her sister, to document the progression of her recovery. We find no error, plain or otherwise, and affirm the judgment of the trial court.

Factual and Procedural Background

For eight years, Victim was in a romantic relationship with Lance Hill. At the time of the incident, she and Hill had two children and, at the time of trial, she was expecting a third child also fathered by Hill. In July 2009, Victim and Hill ended their relationship, and Hill moved into his parents’ home after he was released from a prison treatment program. Appellant also had two children with Hill and, in late 2009, she and her three children, one not fathered by Hill, resided “off and on” at Hill’s parents’ home. Appellant and Victim were familiar with one another and, on several occasions, they and their children lived together. Victim testified that she and Appellant never had a good relationship, but they “tried to get along”; however, Michael Harris, Hill’s half-brother, testified that Appellant’s attitude changed every time Victim came around.

Around 2:30 or 3:00 a.m., on the day of the incident, a neighbor drove Victim to Hill’s parents’ home. Victim had been in contact with Hill the day before through Appellant because Hill did not have a phone, but she did not call before going over to the home that morning. Victim testified that it was not unusual for her to show up unannounced at that time of day. When Victim arrived, the door was unlocked and the lights were on, but no one appeared to be awake. Victim entered the home and went straight upstairs to a bedroom where Hill was sleeping. She woke Hill up, and he agreed to go back to her apartment with her.

Hill and Victim went downstairs to retrieve car keys from Hill’s cousin so they could drive to Victim’s apartment. At that time, Appellant was in the kitchen eating.2 As Hill and Victim passed through the kitchen, Hill and Appellant started yelling at each other. Victim did not say anything to Appellant and proceeded through the kitchen to find the keys. As Victim returned with the keys, she saw Appellant stab a knife into the countertop.

Hill and Victim proceeded out of the house towards the vehicle. Hill decided to spend the night with Victim, so they went back inside the house to collect some [309]*309clothes for him to take to Victim’s apartment. While searching for his clothes, Victim and Hill woke up Michael Harris, Hill’s half-brother, who was sleeping in one of the upstairs bedrooms. Victim and Hill stayed and visited and drank beer with Harris for about an hour and a half. While they were visiting, Victim commented that she smelled grease, but no one went downstairs to investigate the odor. At one point while they were visiting, Harris went downstairs to use the restroom. As he was coming down the stairs, Appellant stopped him and directed him to use the bathroom in the master bedroom near the bottom of the stairs instead of using the back bathroom through the kitchen. When he came out of the bathroom, Appellant was covered up in the bed in the master bedroom, and he returned back upstairs to Hill and Victim.

Around 5:00 a.m., Victim and Hill prepared to leave because they needed to pick up their children from the babysitter by 8:00 a.m. Victim headed down the stairs ahead of Hill and Harris, and when she was a few stairs from the ground floor hot grease was thrown in her face. She had not seen Appellant because it was dark at the bottom of the stairs. Victim fell down the remaining steps, and Appellant began hitting her on the head with a pot and yelling at her. Hill came down the stairs and pulled Appellant away from Victim. Appellant went up the stairs, carrying a knife in her hand, and passed Harris, saying “I got that B, I got that B.” Harris testified Appellant had a crazy look on her face, a look “that will make you nervous” and “like a death look to me.”

Victim was burned on her entire face, her neck down to her left breast, all down her left arm, all of her back, and the lower left side of her stomach. Victim testified that after the attack she felt like she was on fire. She was in shock and did not know what to do, but she could not stand the heat on her anymore, so she took everything off the top part of her body, including her jacket, two shirts, and her bra, and apologized to two members of the household who were watching. Victim’s South Pole coat was drenched in grease, her long white shirt underneath her burgundy T-shirt had grease all over it, her maroon T-shirt had grease all over it, her black bra had grease on it, her blue jeans had grease all down the front, and her underwear also had grease on them. Victim still felt like she was burning even when she went outside despite the cold and snow all over the ground.

Hill took her to the hospital where she was treated for three days in a hospital burn unit for second-degree burns to her face, neck, and the left side of her upper body including her shoulder, chest, arm, and fingers. The injuries were severe and eventually required a skin graft to her arm. An officer took photos of Victim while she was being treated in the hospital on the night of the incident. After Victim was released from the burn unit, her sister came to live with her to help administer her at-home care. Her sister also took numerous photographs documenting the progression of Victim’s injuries from the time of the incident through March, after the skin graft was completed.

Officers located Appellant hiding in the home’s detached garage and apprehended her. Her shirt had grease splatters on its front. Officers also documented substantial grease splatters on the walls of the staircase and pooled grease on the carpet at the foot of the stairs. An officer testified that the grease splatters were “above head high” on the walls. The pot was found in the upstairs bedroom.

A jury found Appellant guilty of first-degree assault, and the trial court sen[310]*310tenced Appellant to fifteen years. This appeal timely follows.

Analysis

In her first point, Appellant states:

[t]he trial court abused its discretion and plainly erred by failing to sua sponte correct the prosecutor’s closing argument and instruct the jurors to disregard the closing argument that [Appellant] had planned for a long time to throw hot grease on [Victim] and disfigure her ... in that there was no evidence to support the prosecutor’s argument and it was prejudicial in that it allowed the jurors to convict [Appellant] for matters not supported by the evidence.

At the outset, Appellant concedes that she did not object to this statement during the closing argument, nor did she raise the issue in her motion for new trial; therefore, she requests plain error review under Rule 30.20. Plain error review is used sparingly only in those limited cases where there is a clear demonstration of manifest injustice or miscarriage of justice. State v. Vanlue,

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Cite This Page — Counsel Stack

Bluebook (online)
389 S.W.3d 306, 2013 WL 298079, 2013 Mo. App. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cannady-moctapp-2013.