Missouri Court of Appeals, Southern District Digest: Jan. 26, 2023

Criminal Law

Child Molestation

Testimony Regarding Victim Credibility

Defendant appealed his convictions for child molestation, enticement, and statutory rape. On appeal, defendant argued that the trial court abused its discretion in admitting statements made by a detective during defendant’s interrogation regarding the credibility of the child victim. Defendant argued that these statements were improper expert testimony that invaded the province of the jury.

Where the detective merely testified about the events that took place during defendant’s interrogation, which also provided context to defendant’s own statements, and the detective did not assert that he had expert qualifications or believe that the victim was telling the truth, the trial court did not abuse its discretion in admitting the testimony.

Judgment is affirmed.

State v. Gray (MLW No. 79341/Case No. SD37158 – 8 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Greene County, Borthwick, J.

https://www.courts.mo.gov/file.jsp?id=191874

Real Property

Easement by Necessity

Sufficiency and Weight of Evidence

Defendants appealed the trial court’s judgment granting plaintiffs an easement by necessity. Plaintiffs owned property surrounded by land owned by the U.S. Forest Service and defendants’ property. Plaintiffs sought to establish a private road through defendants’ land. The trial court ruled that plaintiffs had a strict necessity because their property had no access to public roads and the use of a U.S. Forest Road required a permit from the Forest Service. On appeal, defendants challenged the sufficiency and weight of the evidence regarding whether an adjoining road was not a public road that plaintiffs could use without a permit.

Where the road identified by defendants was merely a proposed public road that would run along the existing forest road, the trial court had sufficient evidence to conclude that plaintiffs had a strict necessity for an easement as they would need to obtain a Forest Service permit to use the existing road, which in any event did not reach plaintiffs’ property.

Judgment is affirmed.

Ford v. Giovanelli (MLW No. 79340/Case No. SD37271 – 10 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Texas County, Beger, J.

https://www.courts.mo.gov/file.jsp?id=191853