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Criminal Law: Voir Dire-Racial-Epithet Query

Staff Report//April 8, 2019//

Criminal Law: Voir Dire-Racial-Epithet Query

Staff Report//April 8, 2019//

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Where a defendant in an assault case argued that the state’s voir dire question of whether the use of a racial epithet justified a shooting was improper, the question was relevant because it could reveal biases, and the judgment is affirmed because the defendant also did not show instructional error or prejudice from the state’s fleeting reference to sentencing classifications.

Judgment is affirmed.

State v. Emerson (MLW No. 73015/Case No. ED106193 – 19 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, Monroe County, Mobley, J. Jessica M. Hathaway for appellant) (Daniel N. McPherson for respondent).

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