State v. Woollen

643 S.W.2d 270, 1982 Mo. App. LEXIS 3754
CourtMissouri Court of Appeals
DecidedOctober 5, 1982
DocketNo. WD 32596
StatusPublished
Cited by5 cases

This text of 643 S.W.2d 270 (State v. Woollen) 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. Woollen, 643 S.W.2d 270, 1982 Mo. App. LEXIS 3754 (Mo. Ct. App. 1982).

Opinion

TURNAGE, Judge.

Lionel E. Woollen was found guilty by a jury of second degree murder in the death of his wife Margaret. In accordance with the jury’s recommendation, the court sentenced him to 20 years confinement. On this appeal, Woollen contends the trial judge erred in failing to disqualify himself prior to conducting a hearing on a motion for new trial, and in failing to grant a new trial on grounds of newly discovered evidence. Affirmed.

Margaret Woollen died on July 12, 1980. At the time of her death, she and Lionel had been married just over six months. At about 9:30 p.m. on July 12, Woollen called the police to his home in Kansas City. Upon arriving there, police officers found the body of Margaret lying face down on the floor of the kitchen with a butcher knife in her hand. Woollen told the officers that his wife had attacked him with the butcher knife, and that he had choked her in self-defense.

Margaret’s head and arms were covered with blood, and there was considerable blood on the floor. An attempt had been made to wipe up the blood with newspapers and magazines, which were found in the trash can. The knife rack on the kitchen wall was also smeared with blood, and had a vacant space for the butcher knife found in Margaret’s hand. Margaret’s glasses were found folded on the counter, with a gold wedding band around one of the eye pieces. The glasses also contained blood stains.

The Jackson County Medical Examiner testified that the caked blood on Margaret’s face came from a broken nose. She also found hemorrhaging and swelling on the surface of the eyes, and a deep cut at the corner of the right eye. The examiner stated she had found bruises and scratches on [272]*272Margaret’s arms, which she described as defense wounds which Margaret had incurred while attempting to ward off blows from some blunt object. There was extensive damage to the neck, including at least 20 scratches and associated bruises.

The examiner gave her opinion that the cause of death was strangulation from the rear. The examiner further testified that Margaret would not have been able to maintain a grasp on the knife found in her hand during the beating and strangulation which she suffered. A fingerprint expert testified that there were no fingerprints of value found on the knife in Margaret’s hand.

A chemist testified that all of the blood found in the kitchen and on the objects described was Margaret’s. He also testified that blood found on Woollen’s clothing and on the points, bottoms, and tops of Wool-len’s cowboy boots was Margaret’s. In addition, there appeared to be hair patterns on the boots.

Woollen testified that he was 60 years old, a retired government employee, and out-weighed his wife by several pounds. He said that on the evening in question, he and Margaret had gone to a restaurant. When he pointed out to Margaret that there was a special being featured, she told him that he was not going to tell her what to eat, ran to the car, and left. Woollen was forced to pay a man five dollars to take him home.

Woollen said that when he arrived home, he and Margaret discussed the incident at the restaurant for about thirty minutes in a calm fashion. He said that Margaret then seized a butcher knife from the holder on the wall, and advanced toward him. Wool-len testified that he then grasped Margaret’s hand with both his hands, whereupon she kicked him with great force in the groin, causing him such great pain, that he could not recall what happened after that. His next recollection was of being in a state of shock when he saw Margaret’s body on the floor. He called Margaret’s mother in Higginsville, his daughter by a previous marriage, and then the police.

Woollen was represented by a Kansas City attorney experienced in defending criminal cases. After the trial, this attorney filed a motion for a new trial in which several trial errors were alleged.. Thereafter, a supplemental motion for new trial was timely filed by new counsel. This motion alleged that Woollen was suffering from a mental disease or defect at the time of the death of his wife. The motion alleged that this newly discovered evidence was unknown to Woollen, and therefore had not been previously presented.

After the motions for new trial were filed, the court took up the original motion and overruled it, but stated that no ruling would be made on the supplemental motion until a hearing was held. The court did state that it had received a number of letters expressing the view that Woollen constituted a danger to the community, and should not have been released on bond. The court then revoked Woollen’s bond, and ordered him into custody.

About a week after the court revoked Woollen’s bond, Woollen’s new counsel filed a motion to disqualify the judge on grounds that the judge had considered ex parte communications in revoking the bond. Wool-len’s counsel maintained that in light of the court’s consideration of these letters, Wool-len could not have a fair trial on the supplemental motion. The court overruled the motion for disqualification. Subsequently, a hearing was held on the supplemental motion, and it too was overruled.

Woollen first contends that the court erred in refusing the motion to disqualify the judge on the ground that he had considered the letters from' various people, including members of Margaret’s family. The letters were placed in the court file, and there is no indication that the judge answered any of these.

Woollen lost the right to peremptory disqualification of the trial judge at the swearing of the panel on voir dire. State ex rel. O’Brien v. Murphy, 592 S.W.2d 194, 196[3] (Mo.App.1979). However, the Murphy court stated that it would be error for a [273]*273trial judge to fail to recuse himself at any step of the proceeding if he were, in fact, unfavorably predisposed toward the defendant. Id. at 197[5]. The court in Murphy concluded that communications sent to the judge without response by him are not sufficient to warrant disqualification on the grounds of actual bias.

The letters received by the court in this case were all devoted to the question of whether or not Woollen should be released on bond, and none were concerned with the merits of the motion for a new trial. Examination of the record does not reveal any prejudice on the part of the trial court against Woollen. Thus, there was no error in refusing the motion to disqualify the judge at the post trial proceedings.

Woollen next claims that he was entitled to a new trial on the basis of newly discovered evidence that he was suffering from a mental disease or defect. Woollen contends the court had prejudged his supplemental new trial motion to this effect. At the conclusion of the bond hearing and after overruling the original motion for new trial, the judge stated that he had observed Woollen during the trial and at the subsequent hearing, and that he saw no reason for the court to order a mental examination on its own motion. This did not indicate that the court had prejudged the supplemental motion, but merely explained why the court had not ordered a mental examination on its own motion pursuant to Section 552.020 RSMo. 1980.

Woollen’s defense of mental disease or defect was not raised within the time limits set forth in Section 552.030 RSMo. 1980. In fact, the first mention of this defense was in the supplemental motion for new trial.

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State v. Taylor
929 S.W.2d 209 (Supreme Court of Missouri, 1996)
State ex rel. Oliver v. Bradley
699 S.W.2d 114 (Missouri Court of Appeals, 1985)
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678 S.W.2d 448 (Missouri Court of Appeals, 1984)
State v. Martin
671 S.W.2d 20 (Missouri Court of Appeals, 1984)

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Bluebook (online)
643 S.W.2d 270, 1982 Mo. App. LEXIS 3754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-woollen-moctapp-1982.