Criminal Law: First-Degree Murder-Deliberation-Slang Terms
Where a defendant challenged her convictions for charges including first-degree murder, the trial court did not abuse its discretion in allowing officers to testify about the meaning of slang terms used by the defendant such as “getting her wings” and “tear drops” to show that she was talking about having killed someone, and the judgment […]
Criminal Law: First-Degree Murder-Motive Evidence-Inadmissible Testimony
Where a defendant in a first-degree murder case challenged the exclusion of evidence that others had motives to kill the victim, the defendant did not present any evidence that would directly connect another individual to the shooting, so the trial court did not err in excluding evidence of others’ motives, and the court did not […]
Criminal Law: First-Degree Murder-Confrontation Clause
Defendant appealed from his conviction of first-degree murder and armed criminal action following defendant’s stabbing of his live-in girlfriend after the victim accused defendant of cheating on her. Where testimony about statements made by the victim’s mother when police arrived were not admitted to prove that defendant killed the victim but instead were offered only […]
Criminal Law: First-Degree Murder-Death Sentence-Jury Instructions
Where a defendant convicted of first-degree murder after a joint trial with a co-defendant challenged his death sentence, including the aggravating and mitigating factors considered by the jury and the instructions received, the defendant did not show that the district court’s refusal to sever the proceedings at the guilt phase allowed the jury to hear […]
Criminal Law: First-Degree Murder-Sufficiency of Evidence
Defendant was convicted of first-degree murder for a killing that had occurred more than 30 years ago. On appeal, defendant argued that there was insufficient evidence for the jury to find beyond a reasonable doubt that the victim’s murder was committed “in the perpetration of” her rape, and that the trial court failed to grant […]
Criminal Law: First-Degree Murder-Alternative Suspect-Video Surveillance
Where defendant, who was convicted of first-degree murder, argued that the trial court erred in refusing to admit evidence of an alternative suspect, the court did not err because the defendant did not show a direct connection as required, and the judgment is affirmed because the court also did not err by admitting video-surveillance footage […]
Criminal Law: Closing Argument-First-Degree Murder-Hearsay
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 the state clearly stated evidence that was admitted into evidence, and the judgment is affirmed […]
Criminal Law : First-Degree Murder – Attorney-Client Calls – Sufficiency Of Evidence
State v. Hooper (MLW No. 71666/Case No. SD35025 – 23 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.)
Criminal Law : First-Degree Murder – Consent To Search – Alternative Perpetrator
State v. Bowens (MLW No. 71498/Case No. ED104738 – 31 pages) (Missouri Court of Appeals, Eastern District, Clayton III, J.)
Criminal Law : First-Degree Murder – Accomplice Liability – Deliberation
State v. McBenge (MLW No. 69900/Case No. ED102147 – 40 pages) (Missouri Court of Appeals, Eastern District, Clayton III, J.)
Criminal Law : First-Degree Murder – Accomplice Liability – Deliberation
State v. McBenge (MLW No. 69899/Case No. ED102277 – 46 pages) (Missouri Court of Appeals, Eastern District, Clayton III, J.)
Criminal Law : First-Degree Murder – Clergy-Communicant Privilege – Vehicle Search
State v. Mays (MLW No. 69472/Case No. WD78417 – 13 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.)
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