Where a defendant challenged a judgment from a bench trial finding him guilty of third-degree domestic assault, the trial court did not abuse its discretion by admitting evidence of 911 calls that described the assault because the calls were made ...

Tagged with: 911 Calls domestic assault hearsay

Where a defendant challenged his conviction in a felon-in-possession case, arguing that he was charged with multiple crimes, the district court did not plainly err by not merging the two firearm-possession counts into one count because the evidence showed that ...

Tagged with: hearsay Merged Counts

  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 appellant challenged the finding that he was a sexually violent predator, the trial court did not abuse its discretion in refusing to enter his proposed jury instruction limiting hearsay because the instruction failed to acknowledge that substantial portions of ...

Tagged with: hearsay Jury Instruction probate SVP Determination

Where a defendant, who was found guilty of counts including third-degree kidnapping and domestic assault, challenged the admission of evidence of three 911 calls, the calls by an unknown man and woman were properly admitted under the present-sense-impression exception to ...

Tagged with: 911 Call Evidence Criminal Law domestic assault hearsay

  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 ...

Tagged with: Criminal Law Foundation hearsay Prior Inconsistent Statements

  Where a plaintiff, who was injured in a motorcycle accident, sued the motorcycle manufacturer for product liability and negligence as well as breach of the express and implied warranties of merchantability and violations of the Missouri Merchandising Practices Act, ...

Tagged with: Admission Of Evidence hearsay Motorcycle Accident Negligence

  Where a defendant in a statutory sodomy and child-molestation case argued that the trial court erred in allowing the state to examine a forensic interview about the victim’s “tentative disclosure,” the testimony was general, so the admission was not ...

Tagged with: Child Victim Criminal Law Forensic Interview hearsay

Where a defendant in a first-degree murder case challenged the trial court’s refusal to allow evidence that another person had confessed to the double murder, the defendant failed to establish that the hearsay statements were exonerating, and the statements also ...

Tagged with: Criminal Law hearsay Jury Instruction Outside Confession

State v. Gordon (MLW No. 71911/Case No. WD80028 – 9 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.)

Tagged with: Criminal Law hearsay Identification robbery

State v. Maples (MLW No. 71801/Case No. WD79955 – 21 pages) (Missouri Court of Appeals, Western District, Witt, J.)

Tagged with: Criminal Law Custody hearsay Miranda