marvin Rice

Current Proceedings: Retrial on penalty scheduled for August 2020; retrial on second-degree murder charge scheduled for November 2020. Continued to March 28, 2022 (jury trial)

Case Number: 1611-CR00967-01 (St. Charles County)

Judge: Daniel Pelikan

Defendant’s Demographic Information: White Male

Current Counsel:

Sharon Renee Turlington 1010 Market Street, Suite 1100 St. Louis, MO 63101 314.340.7662 (tel.)

Stephen Paul Reynolds 1010 Market Street, Suite 1100 St. Louis, MO 63101 314.340.7662 (tel.)

David Kenyon 1010 Market Street, Suite 1100 St. Louis, MO 63101 314.340.7662 (tel.)

 

Legal Status: Penalty retrial ordered (victim Durham) & second-degree murder conviction reversed (victim Strotkamp) on direct appeal in State v. Rice, 573 S.W.3d 53 (Mo. 2019)(SC96737). Retrial on penalty scheduled for August 31, 2020 - September 1, 2020; Retrial on second-degree murder charge scheduled for November 30, 2020 - December 5, 2020, Retrial Continued - New date: March 21, 2021 - March 28, 2021; Order finds that Defendant's Mental Disease or Defect is Under Reasonable Control and that the Defendant has the Capacity to Understand the Proceedings Against Him and to Assist His Control in his Own Defense filed on 07/26/2021

Significant Legal Issues:

  • Judicial override. Imposition of death sentence by trial judge even after at least 11 jurors voted to spare defendant's life

  • Mental-health evidence that Rice had a pituitary tumor at the time of the murder and was taking 17 medications that affected his impulse control and made him paranoid

  • Trial court erred in admitting statements made in violation of Miranda as well as evidence of Mr. Rice's post-Miranda silence

  • Trial court erred in refusing to submit his proposed jury instructions for second-degree murder and voluntary manslaughter for Strotkamp’s murder

  • Impermissible prosecutorial argument during penalty phase commenting on Mr. Rice's decision not to testify

Last Judicial Decision Related to Conviction or Sentence: Second-degree murder conviction & death sentence reversed in State v. Rice, 573 S.W.3d 53 (Mo. 2019)

Reported Opinions:

  • Overturning conviction for Strotkamp, overturning sentencing - State v. Rice, 573 S.W.3d 53 (Mo. 2019).

Prior Counsel: Craig Johnston (direct appeal)

Conviction County: St. Charles

Counts: 2

Victim Demographic:

  • White Female (death)

  • White Male (life without parole)

Crime Date: 12/10/2011

Sentencing Date: 10/06/2017

Trial Counsel:

  • Sharon Turlington and Charles Hoskins (1st trial)

  • Sharon Turlington, Charles Hoskins, and Robert Winthrop Lundt (retrial)

Trial Judge: Kelly Wayne Parker

Trial Prosecutor:

  • Andrew Curly

  • Sid Pearson