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Tag Archives: Closing Argument

Criminal Law: DWI-Closing Argument-Beer Bottle Demonstration

Where a defendant challenged a guilty verdict in a driving-while-intoxicated case, direct and circumstantial evidence supported the reasonable inference that the defendant was intoxicated while driving, and the trial court did not abuse its discretion in overruling the defendant’s objection ...

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Criminal Law: Double Jeopardy-Unavailable Witness-Closing Argument

(1)Where a defendant in a drug case argued that evidence about the possession of a gun would violate the protection against double jeopardy and constitute uncharged criminal conduct, the admission of the evidence did not implicate the double jeopardy protection ...

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Criminal Law: Closing Argument-“Acquittal-First” Argument

Where a defendant convicted of first-degree murder challenged the state’s closing argument, the state’s argument that jurors had to find the defendant not-guilty of first-degree murder before they could reach the lesser-included offenses instructions was an improper acquittal-first argument, but ...

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Criminal Law: Child Enticement-Jury Instructions-Closing Argument

  Where a defendant challenged his conviction for attempted child enticement, the defendant failed to show that any instructional error affected the verdict, and the judgment is affirmed because the defendant failed to provide a factual basis for his proposed ...

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Criminal Law: Closing Argument-Accomplice Liability-Sufficiency of Evidence

(1)Where a defendant challenged her conviction based on accomplice liability for first-degree assault,  jurors could consider the defendant’s behavior during the incident and toward doctors and could draw numerous inferences from the circumstances surrounding the injuries to the child victim, ...

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Criminal Law : Closing Argument – Deviate Sexual Intercourse –  Curative Instruction

State v. Holmsley (MLW No. 72108/Case No. SC96770 – 18 pages) (Supreme Court of Missouri, Breckenridge, J.; Draper, Wilson, Russell and Stith, JJ., concur; Powell, J., dissents in separate opinion filed; Fischer, C.J., concurs in dissent)

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