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Foundation

Apr 22, 2019

Criminal Law: Hearsay-Foundation-Prior Inconsistent Statements

  Where a defendant in an assault case challenged the admission of hearsay statements made by the victim, the judgment is affirmed because the defendant did not show that the state failed to lay a proper foundation for the victim’s hearsay testimony. Judgment is affirmed. State v. Wooten (MLW No. 73088/Case No. ED106224 – 5 […]

May 30, 2018

Criminal Law : DWI –  Field Sobriety Test –  Foundation

State v. Tice (MLW No. 71681/Case No. SD34825 – 11 pages) (Missouri Court of Appeals, Southern District, Bates, J.)

Apr 27, 2018

Criminal Law : Involuntary Manslaughter –  Expert Testimony   – Foundation

State v. West (MLW No. 71584/Case No. ED104541 – 28 pages) (Missouri Court of Appeals, Eastern District, Hoff, J.)

Nov 2, 2017

Criminal Law :  Surveillance Video –  Foundation –  Silent Witness Theory

State v. Moyle (MLW No. 71148/Case No. WD79976 – 7 pages) (Missouri Court of Appeals, Western District, Ardini, J.)

Oct 27, 2017

Criminal Law :  Admission Of Exhibit –  Foundation

State v. Scott (MLW No. 71135/Case No. SD34512 – 6 pages) (Missouri Court of Appeals, Southern District, Lynch, J.)

Jan 13, 2016

Driver’s License : DWI – Breath Test – Foundation

Stiers v. Director (MLW No. 68670/Case No. SC9840 – 16 pages) (Supreme Court of Missouri, Stith, J.; Fischer, Draper and Teitelman, JJ., concur; Wilson, J., dissents in separate opinion filed; Breckenridge, C.J., and Russell, J., concur in opinion of Wilson, J.)

Dec 2, 2015

Criminal Law : DWI – Witness Testimony – Foundation

State v. Moffett (MLW No. 68485/Case No. SD33592 – 5 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.)

Nov 12, 2015

Criminal Law : Breath Alcohol Test – Certification – Foundation

State v. Pickering (MLW No. 68457/Case No. WD77930 – 10 pages) (Missouri Court of Appeals, Western District, Ellis, J.)

Oct 30, 2015

Driver’s License : Breath Test – Machine Maintenance – Foundation

Courtney v. Director of Revenue (MLW No. 68413/Case No. WD77646 – 30 pages) (Missouri Court of Appeals, Western District, Witt, J.)

Jul 15, 2015

Criminal Law : DNA Swabs – Foundation

State v. Cramer (MLW No. 68057/Case No. SD33468 – 6 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.)

Aug 2, 2012

Criminal Law: Miranda Warning – Foundation – Prior Convictions

State v. Huffman (MLW No. 63974/Case No. SD31375 – 14 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)

Jan 5, 2012

Criminal Law: Admission Of Recording – Foundation – Rape

State v. Smoot (MLW No. 63150/Case No. ED95499 – 8 pages) (Missouri Court of Appeals, Eastern District, Romines, J.)

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