State v. Chambers , 714 S.W.2d 527 ( 1986 )

WELLIVER, Judge,

dissenting.

I respectfully dissent.

This is an ordinary barroom altercation, where, following the first trial, we reversed for failure to give a self defense instruction. No self defense instruction was given in the second trial. Whether a self defense instruction should or should not have been given on this record, I am unable to see any new or additional evidence that changes the case from a barroom altercation.

Under these circumstances, I cannot impose the death penalty. I would reduce the sentence from death to life imprisonment without parole for fifty years; otherwise, proportionality in Missouri is reduced totally meaningless.

The principal opinion, I fear, becomes the best evidence for proof of a charge of ineffective counsel.