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Supreme Court asked to fix ‘peculiarities’ of timing in criminal appeals
The Missouri Supreme Court has been asked to resolve “peculiarities” in the rules of criminal procedure that have left it uncertain if a man properly appealed his 135-year sentence for child molestation.
Criminal Law: Severance-Child Molestation
Where a defendant argued that a trial court erred when it refused to sever resisting-arrest and gun charges from child-molestation and statutory rape charges, the sex offense charges provided the basis for the state to bring the other charges and the evidence related to each of the four charges was distinct and uncomplicated, so the […]
Criminal Law: Child Molestation-Sufficiency of Evidence
Defendant appealed from his conviction for burglary, child molestation and assault, challenging the sufficiency of evidence at trial. Where the homeowner had revoked defendant’s right to come and go from the home as he pleased, his entry into the home and unwanted touching of a minor occupant was instantly unlawful with the intent to commit […]
Criminal Law: Child Molestation-Multiple Acts Instructions
Defendant appealed his conviction for first-degree child molestation. On appeal, defendant argued that the trial court erroneously rejected his double-jeopardy argument, erred in instructing the jury in that evidence was adduced of multiple acts that could each individually support defendant’s conviction and failed to ensure jury unanimity, and abused its discretion in admitting evidence of [&he[...]
Criminal Law: Child Molestation-Age of Child Victim
Defendant appealed from his convictions for various sexual abuse crimes against two victims. Defendant argued that the trial court erred in precluding evidence that the victims had been abused by someone other than defendant and erred in denying his motion for judgment of acquittal on his charge of molestation of a child less than 12 […]
Criminal Law: Child Molestation-Ineffective Assistance of Counsel
Defendant pleaded guilty, in accordance with a plea agreement, to two counts of child molestation and was sentenced to two concurrent 10-year sentences. Defendant unsuccessfully filed a motion for post-conviction relief, alleging that he received ineffective assistance of counsel when counsel allegedly advised defendant he would receive probation and failed to present medical records at […]
Criminal Law: Child Molestation-Challenge to Sentence
Defendant appealed from his convictions for statutory sodomy, child molestation, sexual misconduct involving a child and victim-tampering. On appeal, defendant challenged the trial court’s orders relating to certain evidence pertaining to the victim. Defendant further challenged his sentence for his child-molestation conviction. Where neither the evidence nor the jury instructions inferred the e[...]
Criminal Law: Child Molestation-Out-Of-Court Testimony-491 Hearing
Where a defendant in a child-molestation case challenged the admission of the out-of-court testimony of an investigator, the trial court did not err in declaring the investigator unavailable and in admitting her 491 hearing testimony because she disclosed that she would be living in England at the time of the trial and the defendant had […]
Criminal Law: Child Molestation-Witness Testimony-Propensity Evidence
Where a defendant in a child-molestation case challenged the admission of the testimony of a witness regarding prior incidents of uncharged child molestation that allegedly occurred decades earlier, the testimony corroborated the victim’s testimony and was admissible propensity evidence, and the trial court did not abuse its discretion. Judgment is affirmed. State v. Banks (MLW […]
Criminal Law: Child Molestation-Closing Argument-Future Acts
Where a defendant in a child-molestation case argued that the trial court plainly erred in failing to declare a mistrial sua sponte after the prosecutor made a statement in closing argument that speculated about the possibility that the defendant might commit similar acts in the future, the statement could be interpreted as supporting the lawful […]
Criminal Law: Child Molestation-‘Ritual or Ceremony’-Multiple Abusers
Where a defendant challenged his conviction for class A first-degree child molestation, the defendant was convicted under Section 566.067, which specified that the molestation was part of a “ritual or ceremony” defined as an act or series of acts performed by two or more people, the judgment is reversed and remanded because the defendant conducted […]
Criminal Law: Child Molestation-Jury Instructions
Where a defendant challenged jury instructions in his child-molestation case, the judgment is affirmed because the defendant did not show plain error, and his unpreserved double-jeopardy claim did not warrant review. Judgment is affirmed. State v. Stuckley (MLW No. 73217/Case No. SD35350 – 7 pages) (Missouri Court of Appeals, Southern District, Scott, J.) Appealed from […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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