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Deandra Mekel BUCHANAN
Deandra Buchanan lived in a house with his stepfather,
aunt and girlfriend - the mother of his two children.
On November 7, 2000, he and his stepfather, aunt,
girlfriend and others celebrated the fact that the aunt had obtained an
apartment to which she would soon move.
At some point during the celebration, Buchanan
concluded that others were trying to kill him or put him in jail.
He threatened those present at the celebration and
eventually shot to death his stepfather, aunt and girlfriend and wounded
a person who had offered him a ride after the shootings.
Supreme Court of Missouri
Case Style: State of Missouri, Respondent v.
Deandra Mekel Buchanan, Appellant.
Case Number: SC84515
Handdown Date:
30/09/2003
Appeal From: Circuit Court of Boone County,
Hon. Gene Hamilton
Counsel for Appellant:
Gary E. Brotherton
Counsel for Respondent: John M. Morris
Opinion Summary:
In November 2000, after becoming convinced that others were trying
to kill him or put him in jail, Deandra Buchanan shot to death his
stepfather, aunt and girlfriend, with whom he had two children, and he
wounded a person who offered him a ride after the shootings.
The jury found Buchanan guilty of three counts of
first-degree murder and one count of first-degree assault but was unable
to agree on punishment for the murders, making no findings on the issues
specified by section 565.030.4, RSMo 2000.
The court subsequently sentenced Buchanan to death
for each of the murders and to life imprisonment for the assault. He
appeals, challenging only the judge's imposition of the death penalty.
AFFIRMED IN PART; SENTENCE OF DEATH SET ASIDE;
RESENTENCED ON EACH MURDER COUNT TO LIFE IMPRISONMENT WITHOUT
ELIGIBILITY FOR PROBATION, PAROLE OR RELEASE EXCEPT BY THE GOVERNOR.
Court en banc holds: A jury is required to
determine each fact on which the general assembly conditioned an
increase in the maximum punishment to death. Once the jury was unable to
agree on punishment, the judge was not authorized to impose the death
penalty. State v. Whitfield, 107 S.W.3d 253 (Mo. banc 2003).
Concurring opinion by Judges Benton, Price and
Limbaugh: Although these authors dissented from Whitfield,
they note that it now is a final judgment and they must follow it, even
if they disagree or believe the decision to be in error.
Opinion Author:
PER CURIAM
Opinion Vote: AFFIRMED IN PART; SENTENCE OF
DEATH SET ASIDE; RESENTENCED ON EACH MURDER COUNT TO LIFE IMPRISONMENT
WITHOUT ELIGIBILITY FOR PROBATION, PAROLE OR RELEASE EXCEPT BY THE
GOVERNOR. White, C.J., Wolff, Stith and Teitelman, JJ., concur; Benton,
Price and Limbaugh, JJ., concur in joint separate opinion filed.
Opinion:
Deandra Buchanan lived in a house with his
stepfather, aunt and girlfriend - the mother of his two children. On
November 7, 2000, he and his stepfather, aunt, girlfriend and others
celebrated the fact that the aunt had obtained an apartment to which
she would soon move.
At some point during the celebration, Buchanan
concluded that others were trying to kill him or put him in jail. He
threatened those present at the celebration and eventually shot to death
his stepfather, aunt and girlfriend and wounded a person who had offered
him a ride after the shootings.
At the conclusion of the guilt phase of the trial,
the jury found Buchanan guilty of three counts of first degree murder,
section 565.020, and one count of first degree assault, section 565.050.
In the penalty phase of the trial, the jury was
unable to agree on the punishment for the murders and made no findings
as to the issues specified by section 565.030.4. The court sentenced
Buchanan to death for each of the murders and to life imprisonment for
the assault.
Buchanan raises no claim of error as to the assault
conviction and has withdrawn all claims of error as to the determination
of guilt on each count. Buchanan challenges the judge’s imposition of
the death penalty as to each murder conviction, however.
He correctly claims that a jury rather than a judge
is required to determine each fact on which the legislature conditioned
an increase in the maximum punishment, so that the judge was not
authorized to impose the death penalty once the jury was unable to agree
on punishment. State v. Whitfield, 107 S.W.3d 253 (Mo. banc
2003).
Pursuant to section 565.035.5(2), the sentence of
death for each count of murder, first degree, is set aside, and Buchanan
is sentenced on each such count to life imprisonment without eligibility
for probation, parole, or release except by the governor. In all other
respects, the judgment is affirmed.