565.005. Prior to trial for first degree murder, opposing counsels to furnish requested information, rules applied. — 1. At a reasonable time before the commencement of the first stage of any trial of murder in the first degree at which the death penalty is not waived, the state and defendant, upon request and without order of the court, shall serve counsel of the opposing party with:
(1) A list of all aggravating or mitigating circumstances as provided in subsection 1 of section 565.032, which the party intends to prove at the second stage of the trial;
(2) The names of all persons whom the party intends to call as witnesses at the second stage of the trial;
(3) Copies or locations and custodian of any books, papers, documents, photographs or objects which the party intends to offer at the second stage of the trial. If copies of such materials are not supplied to opposing counsel, the party shall cause them to be made available for inspection and copying without order of the court.
2. The disclosures required in subsection 1 of this section are supplemental to those required by rules of the supreme court relating to a continuing duty to disclose information, the use of matters disclosed, matters not subject to disclosure, protective orders, and sanctions for failure to comply with an applicable discovery rule or order, all of which shall also apply to any disclosure required by this section.
Notes of Decisions
Cited in
86
cases, 1979–2020 · leading case:
State v. Edwards, 116 S.W.3d 511 (Mo. 2003).
State v. Edwards, 116 S.W.3d 511 (Mo. 2003).
· cites it 4× “Where, as here, the state gave the defendant pretrial notice, pursuant to section 565.005, of the aggravating circumstances it intended to prove at the penalty phase of trial, it was not required to list them in the indictment.”
State v. Lingar, 726 S.W.2d 728 (Mo. 1987).
· cites it 6× “In his next point, appellant argues that the trial court erred in overruling his “Motion to Make More Definite and Certain” the State’s response to his discovery request pursuant to § 565.005, RSMo 1986. The interpretation of the discovery requirements of § 565.”
State v. Glass, 136 S.W.3d 496 (Mo. 2004).
· cites it 3× “On June 19, 2002, the state filed a “Notice of Evidence in Aggravation and Supplemental Disclosure Pursuant to Section 565.005, RSMo” indicating that, among other things, the state would offer evidence that Steffini Wilkins “was removed from her home to a location remote…”
State v. Pacchetti, 729 S.W.2d 621 (Mo. Ct. App. 1987).
· cites it 12× “Count I charged manslaughter (§ 565.005, RSMo 1978), Count II charged distribution of cocaine, a controlled substance (§ 195.”
State v. Gilbert, 103 S.W.3d 743 (Mo. 2003).
· cites it 4× “In this case, pursuant to section 565.005, the state gave defendant notice, before trial, of the aggravating circumstances it intended to prove at the second stage of trial.”
State v. Deckard, 18 S.W.3d 495 (Mo. Ct. App. 2000).
· cites it 5× “(quoting § 565.005, RSMo 1978). Yet, the Court noted that developing case law after the enactment didn’t appear to be consistent with the new statutory definition because the Missouri Court of Appeals has “continued to cite cases relying on the former statute for the proposition…”
State v. Kliegel, 674 S.W.2d 64 (Mo. Ct. App. 1984).
· cites it 9× “070, RSMo 1959 and then incorporated into the new Criminal Code by § 565.005, RSMo 1978]. The section upon which the convictions rest—§ 557.”
Love v. State, 670 S.W.2d 499 (Mo. 1984).
· cites it 4× “" § 565.005, RSMo 1978. This section is effective until July 1, 1984 when it is repealed and replaced by § 565.”
State v. Shanz, 716 S.W.2d 472 (Mo. Ct. App. 1986).
· cites it 10× “The jury assessed punishment of ten years' imprisonment for the manslaughter, and five years' imprisonment for each of the assaults.”
State v. Leisure, 796 S.W.2d 875 (Mo. 1990).
· cites it 4× “Defendant was convicted of manslaughter under § 565.005, RSMo 1978, and that statute provides the maximum assessable punishment as ten years’ imprisonment.”
State v. Isom, 660 S.W.2d 739 (Mo. Ct. App. 1983).
· cites it 5× “from a conviction of manslaughter, § 565.005 RSMo Supp.1982, in a court tried case.”
State v. Ferguson, 20 S.W.3d 485 (Mo. 2000).
· cites it 3× “Ferguson also briefly alleges that the state failed to comply with section 565.005, RSMo 1994, by fading to provide notice of all the statutory aggravators that it intended to prove and the witnesses it *500 intended to call in the penalty phase.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.