State of Missouri v. Marvin D. Rice

Mary R. Russell, Judge Marvin Rice appeals his convictions for first- and second-degree murder. The circuit court sentenced him to death for the first-degree murder of Annette Durham and to life imprisonment for the second-degree murder of Steven Strotkamp.

Rice argues the circuit court erred in refusing to submit his proposed jury instructions for second-degree murder and voluntary manslaughter for Strotkamp's murder. He contends he was entitled to the instructions because there was evidence from which a jury could find he acted out of sudden passion arising from adequate cause in the death…