## Facts

- Larna Lue Edwards endured decades of severe physical, emotional, and sexual abuse by her husband, Bill Edwards; witnesses frequently observed injuries and intimidation.
- Bill repeatedly threatened to kill Larna and the children, used violence against the children, and forced sexual acts on their daughter at gunpoint.
- Larna attempted to leave multiple times but returned after short-lived promises that the abuse would stop; law enforcement reportedly took no action when abuse was reported.
- On July 23–24, 1996, Bill assaulted Larna repeatedly; she stayed awake overnight fearing he would kill her.
- On July 24, Bill struck Larna again at their family store, apparently with a lead pipe, injuring her arm; she believed he was about to kill her.
- A .38-caliber handgun was kept under the store counter; Larna retrieved it and shot Bill four times from about five feet away, killing him.
- A psychologist diagnosed Larna with post-traumatic stress disorder and dissociative disorder; the defense gave statutory notice of intent to present battered spouse syndrome evidence, and extensive expert and lay testimony on the syndrome was admitted.
- Larna was charged with second-degree murder; the jury acquitted her of that charge but convicted her of voluntary manslaughter, and she received a five-year sentence.

## Issues

1. Whether the trial court abused its discretion by refusing the defendant’s proffered jury instructions that specifically referenced battered spouse syndrome and highlighted the defense expert’s testimony.
2. Whether Mo. Rev. Stat. § 563.033 required modification of MAI-CR3d 302.01, and whether submitting the unmodified instruction was reversible error because it did not allow jurors to consider prior violence, threats, and battered spouse syndrome evidence in evaluating self-defense (including retreat and reasonable belief of imminent danger).

## Decision

- The court held the trial court did not abuse its discretion in refusing the defendant’s specially worded battered spouse syndrome instructions because they were not impartial and improperly emphasized particular evidence and an expert witness.
- The court held § 563.033 required modification of MAI-CR3d 302.01 in cases where battered spouse syndrome evidence is admitted on self-defense.
- The trial court erred by submitting an unmodified MAI-CR3d 302.01 that failed to permit consideration of prior violence and threats in assessing the defendant’s ability to retreat and the reasonableness of her belief of imminent danger.
- The conviction was reversed and the case remanded for a new trial.

## Legal Principles

- Missouri jury instructions must be impartial and must not comment on the evidence or single out particular witnesses; party-drafted instructions that emphasize specific testimony violate Rule 28.02(d).
- Mo. Rev. Stat. § 563.033 substantively affects self-defense by permitting evidence of battered spouse syndrome and prior acts of violence or threats by the victim to be considered on whether the defendant reasonably believed danger of death or serious physical injury was imminent.
- When § 563.033 applies, otherwise mandatory pattern credibility/weight instructions (including MAI-CR3d 302.01) must be modified as necessary so the jury can apply the statute’s direction to consider prior abuse and syndrome evidence in evaluating self-defense, including retreat and reasonable belief.
- Giving an unmodified MAI-CR3d 302.01 in a § 563.033 case is prejudicial instructional error when it prevents the jury from properly applying battered spouse syndrome evidence to the self-defense inquiry.

## Conclusion

The court affirmed the trial judge’s refusal to submit defendant-drafted instructions that highlighted battered spouse syndrome evidence, but reversed the voluntary manslaughter conviction because the standard pattern instruction on evaluating evidence was not modified to implement § 563.033, thereby limiting the jury’s ability to consider prior abuse and threats in deciding self-defense.


State v. Edwards, 60 S.W.3d 602 (Mo. Ct. App. W.D. 2001)