State v. Thomas, 161 S.W.3d 377 (Mo. 2005). · Go Syfert
State v. Thomas, 161 S.W.3d 377 (Mo. 2005). Cases Citing This Book View Copy Cite
62 citation events (62 in the last 25 years) across 4 distinct courts.
Strongest positive: STATE OF MISSOURI, Plaintiff-Respondent v. DEBORAH K. LUNDSTROM, Defendant-Appellant (moctapp, 2025-09-23)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 25 distinct citers.
cited Cited as authority (rule) STATE OF MISSOURI, Plaintiff-Respondent v. DEBORAH K. LUNDSTROM, Defendant-Appellant
Mo. Ct. App. · 2025 · confidence medium
“Acts beyond unintentional or accidental conduct can amount to reckless behavior.” State v. Thomas, 161 S.W.3d 377, 381 (Mo. banc 2005).
discussed Cited as authority (rule) Bell v. Lewis
E.D. Mo. · 2023 · confidence medium
The Missouri Supreme Court has held that self-defense is not available where the defendant did not do “everything within [his] power, consistent with [his] personal safety, to avoid the danger and the need to take a life.” State v. Thomas, 161 S.W.3d 377, 380 (Mo. banc 2005). performance unless that claim was plainly stronger than those actually presented.”) (quoting Davila, 137 S. Ct. at 2067 ).
examined Cited as authority (rule) State of Missouri v. Anthony Levar Sinks (3×) also: Cited "see"
Mo. Ct. App. · 2022 · confidence medium
State v. Clinch, 335 S.W.3d 579 , 586–87 (Mo. App. W.D. 2011) (citing State v. Thomas, 161 S.W.3d 377, 379 (Mo. banc 2005)); see also Dorsey v. State, 113 S.W.3d 311, 317 (Mo. App. S.D. 2003) (internal citation omitted) (“The use of deadly force in self-defense requires the real or apparently real necessity for the defender to kill or use deadly force to protect himself from immediate danger of serious bodily injury or death.”).
discussed Cited as authority (rule) STATE OF MISSOURI, Plaintiff-Respondent v. SAMUEL JERRY WHITAKER
Mo. Ct. App. · 2020 · confidence medium
Further, none of these cases strike us as inconsistent with our high court’s prior admonition that “[a] self-defense instruction is not appropriate if the defendant renewed or continued the confrontation, because behavior of that sort is inconsistent with the requirement that defendant avoid the danger and the need to take a life.” State v. Thomas, 161 S.W.3d 377, 379 (Mo. banc 2005).
discussed Cited as authority (rule) STATE OF MISSOURI v. JEFFREY L. BRUNER (2×)
Mo. Ct. App. · 2016 · confidence medium
State v. Thomas, 161 S.W.3d 377, 379 (Mo. banc 2005).
discussed Cited as authority (rule) STATE OF MISSOURI v. JEFFREY L. BRUNER (2×)
Mo. Ct. App. · 2016 · confidence medium
State v. Thomas, 161 S.W.3d 377, 379 (Mo. banc 2005).
discussed Cited as authority (rule) State of Missouri v. Antoine L. Clark
Mo. Ct. App. · 2016 · confidence medium
To support a claim of self-defense, a defendant must show: “(1) an absence of aggression or provocation on the part of the defender; (2) a real or apparently real necessity for the defender to kill in order to save himself from an, immediate danger of serious bodily injury or death; (3) a reasonable cause for the defendant’s belief in such necessity; and (4) an attempt by the defender to do all within his power consistent with his personal safety to avoid the danger and the need to take a life.” State v. Thomas, 161 S.W.3d 377, 379 (Mo. banc 2005).
discussed Cited as authority (rule) State of Missouri v. James Calvin Smith
Mo. Ct. App. · 2015 · confidence medium
State v. Thomas, 161 S.W.3d 377, 380 (Mo. banc 2005). 2 Smith included these claims in his motion for new trial, which was overruled. 3 Statutory references are to the Revised Statutes of Missouri 2000, as updated by the 2011 Cum.
discussed Cited as authority (rule) State of Missouri v. Christopher M. Sanders (2×)
Mo. Ct. App. · 2015 · confidence medium
"Any evidence that is sufficient to prove the elements of the charged offense must necessarily be sufficient to prove a crime that is comprised of a subset of those same elements, i.e., a 'nested' lesser offense." Id. at 405 . "[A] defendant not only does not need to introduce affirmative evidence, he does not have to 'cast doubt' over the state's evidence via cross-examination or explain to the judge or jury precisely how or why the jury can 4 "[P]rejudice is presumed when a trial court fails to give a requested lesser included offense instruction that is supported by the evidence." Jackson, …
discussed Cited as authority (rule) State of Missouri v. Denford Jackson
Mo. · 2014 · confidence medium
Although this Court generally relies only on the foregoing section 556.046.2 to analyze claims involving lesser included offense instructions, see, e.g., State v. Pond, 131 S.W.3d 792, 794 (Mo. banc 2004); State v. Thomas, 161 S.W.3d 377, 380 (Mo. banc 2005), this statute was amended in 2001 to include an entirely new subsection addressing this same subject: 5 This decision not to raise a constitutional claim at trial may have reflected the “widely held view that failure of a state court to instruct on a lesser offense [in a non-capital case] fails to present a federal constitutional questio…
discussed Cited as authority (rule) State of Missouri v. Bruce Pierce
Mo. · 2014 · confidence medium
Although this Court generally relies only on the foregoing section 556.046.2 to analyze claims involving lesser included offense instructions, see, e.g., State v. Pond, 131 S.W.3d 792, 794 (Mo. banc 2004);- State v. Thomas, 161 S.W.3d 377, 380 (Mo. banc 2005), this statute was amended in 2001 to include an entirely new subsection addressing this same subject: The court shall be obligated .to instruct the jury with respect to a particular included offense only if there is a basis in the evidence for acquitting the defendant of the immediately higher included offense and there is a basis in the …
cited Cited as authority (rule) State v. Pulley
Mo. Ct. App. · 2011 · confidence medium
State v. Thomas, 161 S.W.3d 377, 381 (Mo. banc 2005).
discussed Cited as authority (rule) State v. Clinch
Mo. Ct. App. · 2011 · confidence medium
Courts of this state, including the Missouri Supreme Court and this court, interpreted the prior version of section 563.031 as requiring, for the use of deadly force, a showing of “a real or apparently real necessity for the defender to kill in order to save himself [or another] from an immediate danger of serious bodily injury or death.” State v. Thomas, 161 S.W.3d 377, 379 (Mo. banc 2005) (emphasis added).
discussed Cited as authority (rule) State v. Lowe (2×) also: Cited "see, e.g."
Mo. Ct. App. · 2010 · confidence medium
Williams, 313 S.W.3d at 660 ; State v. Thomas, 161 S.W.3d 377, 380 (Mo. banc 2005).
discussed Cited as authority (rule) State v. Henderson
Mo. Ct. App. · 2010 · confidence medium
“According to the case law interpreting [Section 563.031], to support a self-defense instruction, the evidence must show: (1) an absence of aggression or provocation on the part of the defender; (2) a real or apparently real necessity for the defender to kill in order to save himself from an immediate danger of serious bodily injury or death; (3) a reasonable cause for the defendant’s belief in such necessity; and (4) an attempt by the defender to do all within his power consistent with his personal safety to avoid the danger and the need to take a life.” State v. Thomas, 161 S.W.3d 377,…
discussed Cited as authority (rule) State v. Randell (2×)
Mo. Ct. App. · 2009 · confidence medium
State v. Thomas, 161 S.W.3d 377, 380 (Mo. banc 2005).
discussed Cited as authority (rule) State v. Chism (2×) also: Cited "see"
Mo. Ct. App. · 2008 · confidence medium
Section 562.016.4 defines reckless as “consciously disregarding] a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.” State v. Thomas, 161 S.W.3d 377, 381 (Mo. banc 2005).
discussed Cited as authority (rule) United States v. Dominique Betts (2×)
8th Cir. · 2007 · confidence medium
Missouri v. Thomas, 161 S.W.3d 377, 379 (Mo. 2005) (en banc).
discussed Cited as authority (rule) United States v. Betts (2×)
8th Cir. · 2007 · confidence medium
Missouri v. Thomas, 161 S.W.3d 377, 379 (Mo.2005) (en banc).
cited Cited as authority (rule) State v. Hardy
Mo. Ct. App. · 2006 · confidence medium
State v. Thomas, 161 S.W.3d 377, 380 (Mo. banc 2005).
discussed Cited "see" Federal Insurance Company v. Great American Insurance Co.
8th Cir. · 2018 · signal: see · confidence high
See State v. Thomas , 161 S.W.3d 377 , 381 (Mo. banc 2005) ("The relevant mental state for involuntary manslaughter is acting 'recklessly,' which is to 'consciously disregard[ ] a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.' " (alteration in original) (quoting Mo. Rev.
cited Cited "see, e.g." State v. Bruner
Mo. · 2018 · signal: see, e.g. · confidence low
See, e.g., State v. Thomas, 161 S.W.3d 377 , 379 (Mo. banc 2005) ; State v. Chambers, 671 S.W.2d 781 , 783 (Mo. banc 1984).
discussed Cited "see, e.g." State of Missouri v. Anwar Randle
Mo. Ct. App. · 2014 · signal: see also · confidence low
See also State v. Thomas, 161 S.W.3d 377 (Mo. banc. 2005); State v. Pulley, 356 S.W.3d 187 (Mo. App. E.D. 2011). 2 I conclude it was error to fail to submit the lesser-included offense of assault in the third degree.
cited Cited "see, e.g." State of Missouri v. Sharnique N. Jones
Mo. · 2014 · signal: see also · confidence medium
See also State v. Thomas, 161 S.W.3d 377, 380 (Mo. banc 2005).
cited Cited "see, e.g." State v. Jones
Mo. · 2014 · signal: see also · confidence medium
See also State v. Thomas, 161 S.W.3d 377, 380 (Mo. banc 2005).
STATE of Missouri, Respondent,
v.
Kanita THOMAS, Appellant
SC 86488.
Supreme Court of Missouri.
May 10, 2005.
161 S.W.3d 377
Henry B. Robertson, St. Louis, for appellant., Jeremiah W. (Jay) Nixon, Atty. General, Lisa M. Kennedy, Assistant Attorney General, Jefferson City, for respondent.
Limbaugh.
Cited by 30 opinions  |  Published
STEPHEN N. LIMBAUGH, JR., Judge.

Kanita Thomas was convicted by a jury of murder in the second degree and armed criminal action under sections 565.021 and 571.015, respectively. [1] The trial court, following the jury’s recommendation, sentenced Thomas to twenty-five years for murder and fifteen years for armed criminal action and ordered the sentences to be served concurrently. On appeal, Thomas’ primary claims are that the court erred in refusing to instruct the jury on self-defense and involuntary manslaughter. After opinion of the Court of Appeals, Eastern District, this Court granted transfer. Mo. Const, art. V, sec. 10. Having determined that the trial court erred in failing to instruct the jury on involuntary manslaughter; the judgment is reversed and the case is remanded. Because of the likelihood that the issue of self-defense will be raised again on retrial, this Court will address that issue as well.

I. Facts

On December 2, 2001, Thomas killed her boyfriend, Edward Anthony Jefferson, when she stabbed him in the chest. The events leading to the killing began when Jefferson, who appeared intoxicated, came home to the third-floor studio apartment he shared with Thomas’ and confronted Thomas and a girlfriend who were preparing for a party. Thomas asked where Jefferson had been, and he replied, “bitch, don’t say nothing to me.” Thomas continued to look through her clothes for a particular shirt she wanted to wear to the party. Jefferson dozed on the sofa for a minute, then jumped up and told Thomas[*379] to get out of the apartment, again calling her “bitch.” When she asked Jefferson why he treated her that way, he slapped her.

Thomas then went into the kitchen area of their apartment, picked up a knife, returned to the bedroom, and continued to look for clothes to wear to the party. Meanwhile, Jefferson angrily paced around the apartment, calling Thomas a “bitch” and telling her she was “going to eat that knife.” He told Thomas’ friend to leave, and she did so, stepping down the stairs outside the front door to the apartment. At that point, Thomas told Jefferson she did not appreciate him acting that way in front of her Mend, and Jefferson then told Thomas to “get out.” She walked out of the apartment, carrying the knife with her, while Jefferson was still inside, but she hesitated on the front door step, unlocked the door and reentered. A fight ensued, and she stabbed Jefferson in the chest. At trial, Thomas described the incident in this way: “I went out the apartment and then I went [back] and unlocked the door because he had slammed the door in my head, and then I went back in just a little bit and I just closed it and he came towards me and said, ‘Bitch,’ and he had his fist up and I still had the knife in my hand and I just jerked it and told him to get back, and it happened so quick.” Thomas testified she stepped back, covered her face with her arm, and “jerked” the knife at Jefferson twice. She said she felt the knife touch him, but had not intended to stab him. Jefferson died from a four-inch deep stab wound that punctured his peri-cardial sac and pulmonary artery.

II. Self-Defense

The trial court is required to instruct on self-defense where the evidence, viewed in the light most favorable to the defendant, is sufficient to put self-defense at issue. State v. Weems, 840 S.W.2d 222, 226 (Mo. banc 1992). The substance of this defense is set out in section 563.031, which states in pertinent part:

1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he reasonably believes such force to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful force by such a person....
2. A person may not use deadly force upon another person under the circumstances specified in subsection 1 unless he reasonably believes that such deadly force is necessary to protect himself or another against death, serious physical injury....

According to the case law interpreting this statute, to support a self-defense instruction, the evidence must show: (1) an absence of aggression or provocation on the part of the defender; (2) a real or apparently real necessity for the defender to kill in order to save himself from an immediate danger of serious bodily injury or death; (3) a reasonable cause for the defendant’s belief in such necessity; and (4) an attempt by the defender to do all within his power consistent with his personal safety to avoid the danger and the need to take a life. State v. Chambers, 671 S.W.2d 781, 783 (Mo. banc 1984).

A self-defense instruction is not appropriate if the defendant renewed or continued the confrontation, because behavior of that sort is inconsistent with the requirement that defendant avoid the danger and the need to take a life. Id. The “renewal” cases are most often characterized by a renewal of the confrontation after either 1) the initial victim left the scene to obtain a weapon, as in State v. Henson, 552 S.W.2d 378 (Mo.App.1977), and State v. Bray, 818 S.W.2d 291 (Mo.[*380] App.1991), or 2) a significant break in the confrontation is made when the defendant removes himself or herself from the confrontation before coming back to renew the fight, as in State v. Adkins, 537 S.W.2d 246 (Mo.App.1976). The case at hand is more in the nature of a continuation of the confrontation rather than a renewal because only a few seconds elapsed from the time that Thomas exited the apartment and her reentry, and there was no significant break in the action.

On the record presented, Thomas did indeed continue the confrontation. Instead of leaving the premises, she unlocked, opened, and reentered the apartment, brandishing the knife in front of her. This conduct precludes a plea of self-defense because she did not do everything within her power, consistent with her personal safety, to avoid the danger and the need to take a life. State v. Avery, 120 S.W.3d 196, 201 (Mo. banc 2003).

Thomas’ excuse for failing to leave the premises and disengage the confrontation was that, “I didn’t go down the steps because I probably would have fell so I just stepped back.” In context, this does not appear to be an assertion that she could not have used the stairs before she chose to reenter the apartment, but rather an assertion that after her reentry, she could not have just turned and fled. This assertion, however, does not explain why she would have fallen. To the extent that her claim suggests that somehow it was unsafe to retreat down the steps, whether before or after she reentered the apartment, it is wholly refuted by the record. There was no evidence that the condition of the stairway had changed since she arrived at the apartment, and indeed her friend made it safely down the stairs just minutes before. In addition, soon after the stabbing occurred, a neighbor on the second floor brought a towel up to Thomas on the third floor and returned to her apartment without incident. There was simply no evidence that the stairs were obstructed in any way, or were wet, or ice-covered, or, unsafe in any manner. Again, in deciding not to leave when there was an opportunity for her to move to' safety, appellant’s actions, in reentering the apartment, were inconsistent with avoiding the danger. In the absence of sufficient evidence to support a self-defense instruction, the trial court did not err in refusing to submit the instruction.

III. Manslaughter Instructions

A trial court is required to instruct the jury on a lesser-included offense only if there is a basis in the evidence for acquitting the defendant of the offense charged and convicting the defendant of the lesser offense. Sec. 556.046.2, RSMo Supp.2001. The evidence is to be viewed in the fight most favorable to the defendant, State v. Craig, 33 S.W.3d 597, 601 (Mo.App.2000), and when in doubt, the trial court should instruct on the lesser-included offense, State v. Hibler, 5 S.W.3d 147,148 (Mo. banc 1999).

Involuntary manslaughter is a lesser-included offense of second degree murder. Sec. 565.025.2(2)(c). A person commits murder in the second degree if he or she “knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person.” Sec. 565.021.1(1). “Knowingly” and “purposely” are the relevant mental states for second degree murder. “Knowingly” means the person is “aware of the nature of [his or her] conduct,” or “aware that [his or her] conduct is practically certain to cause that result.” Sec. 562.016.3. Acting “purposely” occurs when it is a person’s “conscious object to engage in that conduct or to cause that result.” Sec. 562.016.2.

On the other hand, involuntary manslaughter occurs when a person “reck[*381] lessly causes the death of another.” Sec. 565.024.1(1). The relevant mental state for involuntary manslaughter is acting “recklessly,” which is to “consciously disregard[ ] a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.” Sec. 562.016.4. Acts beyond unintentional or accidental conduct can amount to reckless behavior. State v. Beeler, 12 S.W.3d 294, 297-98 (Mo. banc 2000). Intentional acts, such as the conscious use of a weapon, may be considered reckless when done with “conscious disregard of a risk of death to another and such disregard is a gross deviation from what a reasonable person would do in the circumstances.” Id. at 299.

Here, Thomas testified that she did not intend to stab Jefferson, but instead jerked the knife at him to ward him off and protect herself from getting hit again. This evidence supports the conclusion that Thomas did not knowingly kill or injure Jefferson, but nevertheless intentionally jerked the knife at him in conscious disregard for the substantial and unjustifiable risk that death would result and in gross deviation from what a reasonable person would have done. Because this evidence permits an inference that Thomas did not intend to kill Jefferson and an inference that her use of the weapon was merely reckless, it would support an acquittal of second degree murder and a conviction of involuntary manslaughter. Accordingly, the trial court erred in refusing to submit the involuntary manslaughter instruction.

Reversed and remanded.

All concur.
1

. All statutes are RSMo 2000 unless otherwise indicated.