Thompkins

In this appeal from a judgment of conviction on charges of first degree murder, attempted murder and burglary, we consider the effect of a trial judge’s response to inquiries from the jury regarding the defendant’s heat-of-passion defense, the central issue in the case, after the jury had announced itself deadlocked. While it is true his one- and two-word comments had the desired effect of breaking the deadlock, the judge’s “guidance” was legally incorrect and, as we shall explain, constituted prejudicial error. Accordingly, we must reverse the judgment as to the murder and attempted murder counts.

Factual and Procedural Background

Defendant Rufus Thompkins and the murder victim, Erma Thompkins, had been married 16 years when Erma decided she wanted a divorce in 1985. The couple separated in November of that year. Although Rufus spent Christmas with the family, the separation was not totally cordial. Upset by the breakup, Rufus continually phoned Erma and often parked outside the apartment complex waiting for her or one of the children. Erma obtained a restraining order preventing Rufus from entering her apartment, although she later allowed the restraining order to…