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Criminal Law: Character Evidence-Propensity Evidence-Uninvited Reference

Staff Report//June 4, 2019//

Criminal Law: Character Evidence-Propensity Evidence-Uninvited Reference

Staff Report//June 4, 2019//

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Where a defendant in a domestic-assault case argued that the trial court erred in failing to intervene when a witness offered allegedly improper character and propensity testimony when the witness said he assumed the defendant “had a court date somewhere,” the statement was volunteered and not invited, and it was also vague, isolated and not repeated by the state, so the defendant did not show prejudice, and the judgment is affirmed.

Judgment is affirmed.

State v. Kidd (MLW No. 73289/Case No. WD81348 – 6 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Appealed from circuit court, Cass County, Collins, J. (Christian Lehmberg, Columbia, for appellant) (Mary H. Moore, Jefferson City, for respondent).

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