(1)Where a defendant who was found guilty of first-degree murder challenged the exclusion of the testimony of three witnesses, the court finds the excluded evidence was not relevant to show the defendant’s state of mind during a police interview as he claimed, and additional arguments made by the defendant in support of the testimony were not offered at trial, and the defendant’s Batson challenge also failed because the trial court properly found that the reason for the strike was race neutral, specific and legitimate, and related to the case.
(2)Where a defendant in a first-degree murder case argued that the trial court erred in overruling his objection to the selection of a jury from residents of a specific county, the record showed that no agreement had been reached on the issue contrary to the defendant’s claim, so the defendant’s claim on appeal that he had withdrawn his application for a change of venue based on an agreement regarding jury selection was not supported.
Judgment is affirmed.
State v. Singletary (MLW No. 69236/Case No. WD77663 – 17 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Johnson County, Wagner, J. (Richard A. Starnes, Jefferson City, for respondent) (Emmett D. Queener, Columbia, for appellant).