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Criminal Law: Child Molestation-Propensity Evidence
Staff Report//March 27, 2020
Where a defendant in a statutory sodomy and child-molestation case challenged the introduction of evidence of his alleged sexual misconduct toward an earlier child victim, the propensity evidence had significant probative value, and the defendant did not show that the court abused its discretion in finding that the probative value of the evidence was not substantially outweighed by the danger of unfair prejudice, and the judgment is affirmed because the defendant did not show that the court abused its discretion by excluding alleged evidence that the third child had falsely accused her father of sexual assault, and the court did not err in allowing the state to admit reports from the victims’ child advocacy center.
Judgment is affirmed.
State v. Burge (MLW No. 74724/Case No. SD35795 – 14 pages) (Missouri Court of Appeals, Southern District, Francis, J.) Appealed from circuit court, Christian County, Growcock, J.
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