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Criminal Law: Rebuttal Evidence-Jail Telephone Calls

Staff Report//October 6, 2023//

Criminal Law: Rebuttal Evidence-Jail Telephone Calls

Staff Report//October 6, 2023//

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Where a defendant challenged convictions that included a second-degree murder conviction, arguing that the trial court abused its discretion in overruling his objection and admitting recorded telephone calls made by the defendant from jail to his father, the judgment is affirmed because the recorded calls were relevant to the jury’s determination of the credibility of the defendant’s claim that he was hallucinating when he made the calls and relevant to his general credibility.

Judgment is affirmed.

State v. Tucker (MLW No. 80566/Case No. SD37806 – 4 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from circuit court, Greene County, Brown, J. (Katharine Patricia Curry, Columbia, and John Edward Zimmerman and Carol Palmer, Springfield, for appellant) (Justin Earl Davis, Jefferson City, and Joshua David Harrel and Kimberley Kay Pulley, Springfield, for respondent).


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