Missouri Court of Appeals, Eastern District / Mar 7, 2023
State of Missouri, Respondent, v. Thomas Clement, Appellant.
Thomas Clement was convicted of first-degree murder and armed criminal action after shooting Larry Neal. On appeal, Clement argued the trial court erred by refusing to instruct the jury on the "Castle Doctrine" self-defense, which allows for the use of deadly force against an unlawful entrant into a dwelling. The appellate court agreed, finding substantial evidence supported Clement's reasonable belief of an imminent threat and an attempted unlawful entry. The court vacated the judgment and remanded the case for a new trial, concluding the instructional error was prejudicial.