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Home / Opinions / Courts / Court of Appeals, Western District / Criminal Law: Criminal Non-Support – Paternity Dispute – DNA Evidence

Criminal Law: Criminal Non-Support – Paternity Dispute – DNA Evidence

Where defendant was charged with criminal non-support of a child after he stopped making child-support payments when he learned the child was not his, the case is governed by State ex rel. Sanders v. Sauer, so the state need only prove that the child was “legitimated by legal process,” not that the child was the defendant’s biological child, and the trial court did not err in refusing to admit the defendant’s DNA evidence, but the defendant may be able to use Section 210.854 to set aside the conviction.

Judgment is affirmed.

State v. Buckler (MLW No. 62867/Case No. WD72794 – 9 pages) (Missouri Court of Appeals, Western District, Smart Jr., J.) Appealed from circuit court, Buchanan County, Taylor, J. (Timothy Allan Blackwell, Jefferson City, for respondent) (Craig Allan Johnston, Columbia, for appellant).

Read the full text of this opinion. (PDF)