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Character Evidence

Jun 4, 2019

Criminal Law: Character Evidence-Propensity Evidence-Uninvited Reference

Where a defendant in a domestic-assault case argued that the trial court erred in failing to intervene when a witness offered allegedly improper character and propensity testimony when the witness said he assumed the defendant “had a court date somewhere,” the statement was volunteered and not invited, and it was also vague, isolated and not […]

Feb 9, 2018

Criminal Law : Sentencing –  Hate Crimes Prevention Act –  Character Evidence

U.S. v. Metcalf (MLW No. 71382/Case No. 16-4006 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)

May 18, 2015

Criminal Law : Fraud – Character Evidence – Sentencing

U.S. v. Beckman (MLW No. 67792/Case No. 13-1162 – 50 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)

Aug 14, 2013

Criminal Law : Death Sentence – Transcript Problems – Character Evidence

State v. Shockley (MLW No. 65374/Case No. SC90286 – 39 pages) (Supreme Court of Missouri, Stith, J.; all concur)

Mar 24, 2013

Criminal Law: Second-Degree Murder – Character Evidence – Booking Photos

State v. Peal (MLW No. 64790/Case No. WD74527 – 24 pages) (Missouri Court of Appeals, Western District, Martin, J.)

Apr 19, 2012

Criminal Law: Harassment – Defective Information – Character Evidence

State v. Durham (MLW No. 63411/Case No. ED95133 – 13 pages) (Missouri Court of Appeals, Eastern District, Odenwald, C.J.)

Mar 15, 2012

Criminal Law: Harassment – Defective Information – Character Evidence

State v. Durham (MLW No. 63411/Case No. ED95133 – 13 pages) (Missouri Court of Appeals, Eastern District, Odenwald, C.J.)

Jul 14, 2011

Criminal Law: Character Evidence – Supervised Release

U.S. v. Drapeau (MLW No. 62431/Case No. 10-2159 – 21 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)

Jul 14, 2011

Criminal Law: Statutory Sodomy – Character Evidence – Penalty Phase

State v. McArthur (MLW No. 62400/Case No. ED95094 – 7 pages) (Missouri Court of Appeals, Eastern District, Richter, P.J.)

Jul 13, 2011

Criminal Law: Tax Fraud – Character Evidence – Specific Acts

U.S. v. Maxwell (MLW No. 62438/Case No. 10-2237 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)

Dec 7, 2009

Victim advocates question death penalty reversal

Criminal defense attorneys: Prepare to grapple with either slamming the character of dead victims in open court or risking being deemed ineffective counsel. That appears on its face to be the message in an opinion last week from the Missouri Supreme Court in a case where judges admonished two public defenders for not exposing the […]

Sep 24, 2009

Criminal Law: Child Molestation – Character Evidence – Mother’s Behavior

State v. Smith (MLW No. 59705/Case No. SD29120 – 9 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Where a trial court in defendant’s trial on charges of child molestation allowed testimony from investigators about the victim’s mother’s inappropriate and sexual behavior during her interview, and the defendant claimed the testimony was improperly admitted[...]

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