Deandra Buchanan

Case overview

Deandra Buchanan lived in a house with his stepfather, aunt and girlfriend, the mother of his two children. On November 7, 2000, Buchanan, his stepfather, aunt, girlfriend and others celebrated the fact that the aunt had obtained an apartment to which she would soon move. During the celebration, Buchanan concluded that others were trying to kill him or put him in jail. He threatened those present and eventually shot to death his stepfather, aunt and girlfriend. He also wounded a person who had offered him a ride after the shootings.

Timeline

• November 7, 2000 — Buchanan and others celebrated that Buchanan’s aunt had obtained an apartment to which she would soon move; during the celebration, Buchanan concluded that others were trying to kill him or put him in jail, threatened those present, then shot to death his stepfather, aunt and girlfriend and wounded a person who had offered him a ride after the shootings.
• April 22, 2002 — Buchanan was sentenced to death.
• September 30, 2003 — The Missouri Supreme Court set aside the death sentence and resentenced Buchanan on each murder count to life imprisonment without eligibility for probation, parole or release except by the governor.

Trial

At the conclusion of the guilt phase, the jury found Buchanan guilty of three counts of first degree murder, section 565.020, and one count of first degree assault, section 565.050.

In the penalty phase, the jury was unable to agree on punishment for the murders and made no findings as to the issues specified by section 565.030.4. The court sentenced Buchanan to death for each of the murders and to life imprisonment for the assault.

Buchanan raised no claim of error as to the assault conviction and withdrew all claims of error as to the determination of guilt on each count. He challenged the judge’s imposition of the death penalty as to each murder conviction.

Appeals

Buchanan correctly claimed that a jury rather than a judge is required to determine each fact on which the legislature conditioned an increase in the maximum punishment, so that the judge was not authorized to impose the death penalty once the jury was unable to agree on punishment. The court relied on State v. Whitfield , 107 S.W.3d 253 (Mo. banc 2003).

The Missouri Supreme Court held that a jury is required to determine each fact on which the general assembly conditioned an increase in the maximum punishment to death. Once the jury was unable to agree on punishment, the judge was not authorized to impose the death penalty.

There was also a concurring opinion by Judges Benton, Price and Limbaugh. Although these authors dissented from Whitfield, they noted that it was now a final judgment and they must follow it, even if they disagreed or believed the decision to be in error.

Supreme Court of Missouri case information:

• Case Style: State of Missouri, Respondent v. Deandra Mekel Buchanan, Appellant.
• Case Number: SC84515
• Handdown Date: 30/09/2003
• Appeal From: Circuit Court of Boone County
• Hon. Gene Hamilton
• Counsel for Appellant: Gary E. Brotherton
• Counsel for Respondent: John M. Morris
• Opinion author: PER CURIAM
• Opinion vote: AFFIRMED IN PART; SENTENCE OF DEATH SET ASIDE; RESENTENCED ON EACH MURDER COUNT TO LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PROBATION, PAROLE OR RELEASE EXCEPT BY THE GOVERNOR.
• Judges who concur: White, C.J., Wolff, Stith and Teitelman, JJ.
• Judges who concur in joint separate opinion filed: Benton, Price and Limbaugh, JJ.

Outcome

Pursuant to section 565.035.5(2), the sentence of death for each count of murder, first degree, was set aside. Buchanan was sentenced on each such count to life imprisonment without eligibility for probation, parole, or release except by the governor.

In all other respects, the judgment was affirmed.