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Criminal Law: Voir Dire-Sexual Misconduct
Staff Report//June 8, 2023
Where a defendant in a sexual misconduct case argued that the trial court plainly erred in failing to sua sponte declare a mistrial based on a question asked during voir dire that he claimed made him appear to be a pedophile and prevented him from receiving a fair trial, the single question was not so improper that it would necessitate the extraordinary remedy of a mistrial, and the court did not abuse its discretion in overruling defendant’s objections to the admission of video evidence of him masturbating in a parking lot because the evidence provided a context for the crime.
Judgment is affirmed.
State v. Devore (MLW No. 80002/Case No. SD37598 – 11 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Laclede County, Hayden, J. (Stacy Leigh Patterson, Lebanon for appellant) (Nathan Jeremy Aquino, Jefferson City for respondent).
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