State v. Hanna

420 S.W.3d 569, 2013 WL 2608790, 2013 Mo. App. LEXIS 714
CourtMissouri Court of Appeals
DecidedJune 12, 2013
DocketNo. SD 31178
StatusPublished
Cited by1 cases

This text of 420 S.W.3d 569 (State v. Hanna) 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. Hanna, 420 S.W.3d 569, 2013 WL 2608790, 2013 Mo. App. LEXIS 714 (Mo. Ct. App. 2013).

Opinion

DON E. BURRELL, J.

A jury found Shawn C. Hanna (“Defendant”) guilty of first-degree murder for the November 2003 shooting death of his father, Ralph Hanna (“Father”).1 The State did not seek the death penalty, and Defendant was sentenced by the trial court to life in prison without the possibility of parole. See sections 565.020.1 and .2.

In two points relied on, Defendant appeals his conviction on the grounds that: (1) “the [Sjtate’s evidence did not establish beyond a reasonable doubt that [Defendant] was involved in any of the events that resulted in the death of [Father]”; and (2) the trial court abused its discretion in admitting evidence of “spending and debt” by Defendant’s mother, Denise Hanna (“Mother”), because it was “not relevant to the issue of whether [Defendant] fired the shots that killed [Father]” and the “details about [Mother’s] finances were prejudicial to [Defendant] but had no probative value.”

Finding no merit in either of Defendant’s claims, we affirm.

Applicable Principles of Review

When reviewing a challenge to the sufficiency of the evidence to support a jury’s verdict, we

must determine whether sufficient evidence permits a reasonable juror to find guilt beyond a reasonable doubt. State v. Belton, 153 S.W.3d 307, 309 (Mo. banc [571]*5712005). “The evidence and all reasonable inferences therefrom are viewed in the light most favorable to the verdict, disregarding any evidence and inferences contrary to the verdict.” Id. “This is not an assessment of whether the Court believes that the evidence at trial established guilt beyond a reasonable doubt but rather a question of whether, in light of the evidence most favorable to the State, any rational fact-finder could have found the essential elements of the crime beyond a reasonable doubt.” State v. Miller, 372 S.W.3d 455, 458 (Mo. banc 2012). In reviewing the sufficiency of the evidence supporting a criminal conviction, an appellate court “does not act as a ‘super juror’ with veto powers,” but “gives great deference to the trier of fact.” Id.

State v. Wright, 382 S.W.3d 902, 903 (Mo. banc 2012).

An appellate court cannot “reweigh the evidence.” State v. Ware, 326 S.W.3d 512, 529 (Mo.App. S.D.2010). The jury is the sole determiner of the credibility of all witnesses, and we regard any conflicts in the witnesses’ testimony to have been resolved by the jury in a manner consistent with its verdict. State v. Pond, 131 S.W.3d 792, 794 (Mo. banc 2004). “A jury may accept part of a witness’s testimony, but disbelieve other parts.” Id.2

“The standard of review for the admission of evidence is abuse of discretion.” State v. Reed, 282 S.W.3d 835, 837 (Mo. banc 2009). “A trial court abuses its discretion when its ruling is clearly against the logic of the circumstances and is so arbitrary and unreasonable as to shock the sense of justice and indicate a lack of careful consideration.” State v. Smith, 314 S.W.3d 802, 807 (Mo.App. E.D.2010). “Further, with respect to the admission of evidence, appellate courts review for prejudice, not mere error, and reverse only if the error was so prejudicial that it deprived the defendant of a fair trial.” State v. Norman, 243 S.W.3d 466, 471 (Mo.App. S.D.2007).

Facts and Procedural Background

Sometime before Father was shot, Defendant’s friend, Jason Hays, was in Defendant’s hotel room at the Three Rivers Inn (“the hotel”) when Mother came over and spoke with Defendant in his presence. Hays did not recall Mother’s exact words, but his understanding of what she said was that “she’s gonna do it or have somebody do it for him.” Hays understood Mother’s use of “it” as a reference to “killing.” Hays left.

Defendant had two rooms at the hotel, 101 and 310. Hays had stayed in both rooms at different times. Hays had noticed on a regular basis a black rifle ease in Room 101. The case was kept out in the open, along with other firearms, but he had not seen inside the case.. At trial, Hays identified State’s Exhibit 26, a photograph of a gun case that was subsequently admitted into evidence, as depicting “the gun case [he] saw out in the open in [Defendant’s] room[.]”3

On another occasion, Hays was present when Defendant went to see Mother about getting money from her before paying for [572]*572repairs to “a four-wheeler[.]” Bootheel Buggies completed a $1,089.90 repair on a four-wheeler for Defendant on October 26, 2003. Defendant paid for the repair on November 12, 2003 by taking a credit-charging document from the business to Mother for her signature, as the charge was in Mother’s name, and Defendant brought it back, signed.

In the second week of November 2003, Defendant told his girlfriend, Kristin Eads (“Girlfriend”), that “his parents were having some problems” and that “[M]other had asked him to kill his father.”

At the time of the murder, Cattleya Bradbury — who was Father’s daughter, Defendant’s half-sister, and Mother’s stepdaughter (“Half-Sister”) — lived in Poplar Bluff, which she said was about 30 to 40 minutes away from the Hanna’s residence in Ellsinore. Half-Sister testified (over Defendant’s continuing objection) that Mother had been wiring money to Defendant’s brother, Philip Hanna (“Brother”), who lived in Colorado, because his business was not “doing too well[.]” Half-Sister had also wired money to Brother on two occasions at Mother’s request, and she thought the amounts were “maybe” $5,000 and $2,000. Mother used credit cards to obtain the money, and some of the credit card mail was coming to Half-Sister to be delivered to Mother.

Half-Sister did not tell Father “about the problems[.]” Half-Sister was aware that Father had life insurance policies on himself of $50,000 and $25,000. Mother drove “a four-door white Oldsmobile” in November 2003, and Defendant drove “an older model, like goldish Mercedes.” Half-Sister identified photographs admitted as State’s Exhibits 17, 18, and 19 as pictures of Defendant’s Mercedes. She identified photographs admitted as State’s Exhibits 21, 22, and 23 as pictures of Mother’s car. Girlfriend described Defendant’s car as “an older Mercedes and it was a light color, like a light silverish, gold color” with “tinted windows in the back and the sides[.]”

Father’s birthday was November 16th. On November 15, 2003, Defendant spent the night with Girlfriend at her mother’s house in Williamsville, which was about twenty minutes “northeast of Ellsinore” and about fifteen miles “northwest of Poplar Bluff[.]” Defendant told Girlfriend that “he would be hunting the next morning” near K highway, but Girlfriend had “no idea” where that was located. The grandfather clock chimed 5:00 a.m. “right after” Defendant left Girlfriend’s mother’s house the next morning, November 16, 2003.

About 7:00 a.m.

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Bluebook (online)
420 S.W.3d 569, 2013 WL 2608790, 2013 Mo. App. LEXIS 714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hanna-moctapp-2013.