Criminal Law : Child Sex Assault – Propensity Evidence – Sex Offender Registry

Stephanie Maniscalco//August 8, 2017

Where a defendant who was found guilty of forcible rape of a child argued that the trial court plainly erred by allowing the state to introduce propensity evidence, the court did not abuse its discretion in allowing the state to read propensity statements referencing the defendant’s conviction for failing to register as a sex offender and referencing juvenile offenses that caused him to be placed on the sex offender registry under Article I, section 18(c) since the evidence was logically and legally relevant, and the court did not abuse its discretion in allowing the state to cross examine the defendant about his prior juvenile arrests since the defendant opened the door to impeachment on the matter.

Judgment is affirmed.

State v. Thigpen (MLW No. 70865/Case No. ED103992 – 27 pages) (Missouri Court of Appeals, Eastern District, Clayton III, J.) Appealed from circuit court, St. Louis City, Edwards, J. (Andrew E. Zleit for appellant) (Joshua D. Hawley and Richard A. Starnes for respondent).

Read the full text of this opinion. (PDF)