State v. Finster

963 S.W.2d 414, 1998 Mo. App. LEXIS 145, 1998 WL 25478
CourtMissouri Court of Appeals
DecidedJanuary 27, 1998
Docket19139, 20453
StatusPublished
Cited by8 cases

This text of 963 S.W.2d 414 (State v. Finster) 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. Finster, 963 S.W.2d 414, 1998 Mo. App. LEXIS 145, 1998 WL 25478 (Mo. Ct. App. 1998).

Opinions

SHRUM, Judge.

A jury convicted Stephen L. Finster (Defendant) of second degree murder, § 565.021.1(2), and armed criminal action, § 571.015, for the fatal stabbing of a young woman.1 Defendant appeals those convictions in No. 19139.

In his direct appeal, Defendant claims inter alia that the trial court erred in denying his motion to suppress statements he made to Deputy Sheriff Douglas Seneker and in overruling his objection at trial to such statements. He insists that reversal is mandated because, through no fault of his own, a transcript of the suppression hearing is unavailable. Defendant asserts that without a full, fair, and complete transcript on appeal, he is deprived of a meaningful appellate review of his claim that violations of his constitutional rights during interrogation rendered his waiver of Miranda rights involuntary.2

We agree. We conclude that before this appeal can finally be determined, another evidentiary hearing is required on the preserved issue, i.e., whether Defendant’s written statement to Seneker was rendered inadmissible because Defendant was not given his Miranda warnings or, if given such warnings, he did not voluntarily waive his Miranda rights. We remand so that the trial court can conduct an evidentiary hearing and make findings as directed at the conclusion of this opinion.3

[416]*416There was evidence from the State’s witnesses from which a jury could reasonably have found that Defendant picked up the 19-year-old female victim on a street in Springfield, Missouri, and then drove her to a remote area of Lawrence County where he stabbed her to death. Defendant admitted the victim was with him in his car the day she disappeared. He claimed, however, that he refused to drive the victim to Carthage, Missouri, as she requested, but instead drove her to 1-44 west of Springfield. According to Defendant, when he tried to push the victim out of his car, she attacked him, inflicting multiple scratches on his face. Continuing, Defendant testified that the victim got out of his car and the last he remembered of her, she was walking toward 1-44.

Defendant’s original defense lawyers filed a “Motion to Suppress Written and Oral Statements” of Defendant made to law enforcement personnel. In part this motion alleged that Defendant was not given the Miranda warning before he was interrogated and that any asserted waiver of his Miranda rights was not voluntary.

At an evidentiary hearing on this motion held April 6, 1993, the State elicited testimony from six law officers and a man named John David Little. These officers were Sgt. Martin and Sgt. Parks (Missouri State Highway Patrol), Seneker and Greg Brandsma (Lawrence County Sheriffs Office), Detective Weter (Springfield Police), and Marc Mansfield. Ultimately only three, of the five officers testified at trial, Martin, Seneker, and Brandsma. Trial testimony established that Martin and Seneker did most of the interrogation of Defendant. However, Parks and Weter each conducted one-on-one interrogations of Defendant when no one-else was present. Eight days after the suppression hearing, the trial court overruled Defendant’s motion to suppress statements.

Acting on a request by Defendant’s lawyers, the trial court on April 12 directed his court reporter, Wilma Jean Greene, to prepare transcripts of the April 6 suppression hearing. On April 21, 1993, the trial court granted Defendant’s request for a new trial date because the court reporter had not “completed] the transcript of the testimony heard on April 6th” due to the “critical illness of her mother.” As part of its order, the trial court directed Greene to have the subject transcripts completed by May 28.

A docket entry dated July 15 recited that the defense had applied for another continuance because Greene had not yet completed the April 6 transcript. It also noted that Defendant’s lawyers had moved to withdraw due to a conflict of interest.

On July 19, the lawyers originally assigned to Defendant were permitted to withdraw. Jon Van Arkel, a public defender from the 31st judicial circuit, was appointed as Defendant’s lawyer. The case was reset for trial on August 30. At the same time, the trial court ordered Greene to limit her preparation of the suppression hearing transcript to Little’s testimony.

Defendant’s new trial counsel, Van Arkel, moved on August 6 for a complete transcript of the suppression hearing. Van Arkel also asked for a continuance in order to get the transcript, alleging that it was necessary for his trial preparation. Defendant’s motion for continuance was denied. When the case went to trial on August 30, 1993, the court reporter still had not transcribed any of the suppression hearing, except for Little’s testimony.

At trial, Martin and Seneker testified to various oral statements given them by Defendant over a two-day period. Additionally, Defendant signed a written statement prepared by Seneker (Exhibit 29). The trial court admitted Exhibit 29 over Defendant’s objection. The jury ultimately convicted Defendant and this appeal followed.

As Defendant commenced preparing his record on appeal, he requested Greene to prepare a transcript of the April 6, 1993, suppression hearing. Greene responded by giving various reasons why she could not prepare the transcript. Ultimately, this court appointed a special master to hold an [417]*417evidentiary hearing and determine, among other things, what reporter took the April 6, 1993, suppression hearing, whether any part of the notes of Greene had been lost or destroyed as she claimed, and if any part of Greene’s records were lost or destroyed. The Master’s report to this court concluded that Greene was the reporter who took the April 6, 1993, suppression hearing and that her notes relating thereto had been lost or destroyed (but not intentionally).

Defendant’s fourth point contends that the trial court erred in overruling his motion to suppress statements and his objections to admitting statements at trial as these rulings violated his constitutionally guaranteed “privilege against compelled self-incrimination.” Specifically, Defendant says “the state did not establish that [Defendant’s] statements to ... Seneker were voluntary under the totality of the circumstances since ... Seneker’s interrogations followed interrogations by Detective Weter and Sergeant Parks whose conduct may have rendered [Defendant’s] subsequent statements to.. Seneker involuntary.” Defendant argues that the testimony of Weter and Parks concerning their conduct “comprise[s] a critical portion of the totality of the circumstances that determine the vol-untariness of [Defendant’s] statements in the face of ... Seneker’s interrogation.” Yet, Defendant maintains he cannot obtain appellate review of this question based upon a full, fair, and complete transcript because Greene cannot produce a transcript of the suppression hearing.

The State’s initial response is that Defendant has not preserved this allegation of error since it was not included in his motion for new trial. This is only partially correct. Defendant’s new trial motion alleged inter alia

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Cite This Page — Counsel Stack

Bluebook (online)
963 S.W.2d 414, 1998 Mo. App. LEXIS 145, 1998 WL 25478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-finster-moctapp-1998.