Free Newsletter
Criminal Law: Out-Of-Court Statement-Felony Murder-Merger Doctrine
Staff Report//March 11, 2020
Where a defendant challenged his convictions following the beating death of a child, the trial court did not abuse its discretion in admitting the out-of-court statements of the victim’s 5-year-old brother because the statements were reliable and admissible under the totality of the circumstances, and the merger doctrine has been abrogated by statute so that all felonies except murder or manslaughter can be used to predicate felony murder, so the trial court did not err in instructing the jury to find the defendant guilty of second-degree murder based on the underlying felony of child abuse.
Judgment is affirmed.
State v. Jones (MLW No. 74589/Case No. ED107425 – 14 pages) (Missouri Court of Appeals, Eastern District, Robert G. Dowd Jr., J.) Appealed from circuit court, St. Louis County, Warner Jr., J. (James C. Egan for appellant) (Daniel N. McPherson for respondent).
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
Top stories
- New accommodation rights for pregnant workers offer broad protections
- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
- Legal Limelight: Bill Bay, Partner, Thompson Coburn, St. Louis
- NIL new to college world, but not novel
