Shelby debler
Shelby Debler, State v. Debler, 856 S.W.2d 641 (Mo. banc 1993)
Inadmissible Prior Bad Acts at Penalty
Shelby Debler was convicted and sentenced to death for setting a trap gun at his house that killed a police officer; his intent had been to blame it on Danny Fisk, a person he was feuding with. During the penalty phase of Debler’s trial, the State introduced extensive evidence of Debler’s prior drug dealing in New Mexico, behavior for which Debler was never convicted. The State never notified defense that it intended to introduce this conduct as a nonstatutory aggravating circumstance. On direct appeal, the Missouri Supreme Court held that because the State did not offer its proposed instructions on this aggravating circumstance at the penalty conference, “[a]fter that point, extensive evidence of unconvicted drug dealing—as was presented in this case—is no longer relevant or admissible.” 856 S.W.2d at 657. The Missouri Supreme Court next determined whether the admission of the evidence “was plain error constituting a manifest injustice.” Id. In finding that it was, the Court observed that prior criminal activity is “a key consideration for the death penalty,” and it is possible that jurors considered this evidence without first finding beyond a reasonable doubt that Debler was involved in a conspiracy to distribute drugs. Consideration of uncharged conduct, inherently less reliable than charged or convicted conduct, under a lesser standard of proof would violate the statutory standards governing the death penalty. Id. (citing Mo. Rev. Stat. § 565.030.4).
The prosecution did not pursue the death penalty again and Debler is serving a life without parole sentence. (Source here)