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 ...

Tagged with: Beer Bottle Demonstration Closing Argument DWI

(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 ...

Tagged with: Closing Argument Double Jeopardy Unavailable Witness

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 ...

Tagged with: Closing Argument “Acquittal-First” Argument

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 ...

Tagged with: child molestation Closing Argument Future Acts

  Where a defendant in a first-degree murder claimed that the trial court erred in allowing the state to argue facts in closing argument that were not admitted at trial, the prosecutor may argue reasonable inferences from the evidence, and ...

Tagged with: Closing Argument First-Degree Murder hearsay

  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 ...

Tagged with: Child Enticement Closing Argument Criminal Law jury instructions

(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, ...

Tagged with: Accomplice Liability Closing Argument Criminal Law Sufficiency Of Evidence

A jury convicted appellant of possession of a rifle by a prohibited person. Where there was substantial evidence of appellant’s guilt, the district court’s alleged error in excluding testimony of one witness was harmless. Moreover, where the record did not ...

Tagged with: Closing Argument Criminal Law Harmless Error

Where a defendant in a statutory-rape case argued that the state’s closing argument asked the sentencing court to impermissibly punish him for exercising his right to trial in a related Kansas proceeding, the state’s argument was an extension of its ...

Tagged with: Closing Argument Criminal Law Post-Conviction Relief

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)

Tagged with: Closing Argument Criminal Law Curative Instruction Deviate Sexual Intercourse

Porter v. City of St. Louis (MLW No. 71747/Case No. ED105791 – 15 pages) (Missouri Court of Appeals, Hess, J.)

Tagged with: Closing Argument Downed Stop Sign Failure To Repair Negligence