Mo. Supreme Court hears two double jeopardy cases

Associated Press WriterJEFFERSON CITY, Mo. (AP) -- Two men convicted of murder and a second charge related to the same killing told the Missouri Supreme Court on Thursday the convictions violate constitutional prohibitions against double jeopardy.

Corey Green is serving consecutive 10-year sentences for second-degree felony murder and armed criminal action for a 1998 shooting death.

Green's attorneys told the court the convictions violate double-jeopardy protection because they are both based on the same underlying felony, unlawful use of a weapon. Green seeks to have his convictions reversed.

The state argued there is no prohibition against convictions and sentences for both charges.

"Felony murder is a separate offense, requiring a different element, requiring human death," said Andrew Hassell, an assistant state attorney general.

Green's lawyer, Phebe La Mar, also argued that state law prohibits basing a conviction of armed criminal action on unlawful use of a weapon.

"Unlawful use of a weapon and armed criminal action are very similar," she said. "The Legislature specifically excluded unlawful use of a weapon as the underlying felony for armed criminal action."

However, Hassell told the court the state's armed criminal action statute can be used in conjunction with all felonies, with a few exceptions, and this case does not fall under those exceptions.

The man in the second case, John Couts, made similar points.

The court heard arguments and asked procedural and technical questions about the cases but did not issue a ruling, and did not indicate when it would.