Defendant was charged with four sex crimes. He was found guilty on two charges, and the trial court declared mistrial on the other two counts. The trial court’s judgment was silent as to the two charges for which it had ...

Tagged with: Grant of Partial Mistrial statutory rape

Defendant pleaded guilty to statutory rape and statutory sodomy of a single victim. After the trial court heard evidence about an alleged second victim, defendant moved for post-conviction relief, arguing that plea counsel was ineffective for guaranteeing that evidence about ...

Tagged with: Ineffective Assistance of Plea Counsel statutory rape

After six months of deliberation, the Missouri Supreme Court said March 19 that it couldn’t decide whether a young defendant facing an unusual charge had been found not guilty or merely had the case against him dismissed.

Tagged with: Missouri Supreme Court Polk County statutory rape

Where the evidence in a first-degree statutory-rape case showed that the defendant’s penis touched but not that it penetrated the victim, the evidence was insufficient to support the rape conviction, so the judgment is reversed and remanded for the court ...

Tagged with: Criminal Law Penetration statutory rape Sufficiency Of Evidence

Defendant was charged with statutory sodomy and statutory rape. During trial, a juror asked the trial court to reposition defendant to observe his demeanor. Defense counsel obliged to the request. On appeal, defendant argued that the trial court committed plain ...

Tagged with: Criminal Law Defendant's Demeanor as Evidence Jury Observation of Defendant statutory rape

Defendant was charged with statutory sodomy and statutory rape. During trial, a juror asked the trial court to reposition defendant to observe his demeanor. Defense counsel obliged to the request. On appeal, defendant argued that the trial court committed plain ...

Tagged with: Criminal Law Defendant's Demeanor as Evidence Jury Observation of Defendant statutory rape

Defendant appealed from his conviction of statutory sodomy and statutory rape of his minor biological daughter. During trial, a juror requested defendant change his seating position to better observe his facial expressions. On appeal, defendant argued that the trial court ...

Tagged with: Criminal Law Jury Request to Observe Defendant’s Facial Expression statutory rape Waiver

The Missouri Supreme Court heard arguments on Tuesday in a rare appellate challenge to a judge’s finding that a criminal defendant was not guilty.

Tagged with: indecent exposure Missouri Supreme Court statutory rape

State v. Balbirnie (MLW No. 71458/Case No. WD80098 – 16 pages) (Missouri Court of Appeals, Western District, Mitchell, J.)

Tagged with: Criminal Law Felony Murder statutory rape Sufficiency Of Evidence

State v. Walker (MLW No. 71438/Case No. WD79852 – 13 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)

Tagged with: Criminal Law expert testimony jury instructions statutory rape

State v. Hill-McAfee (MLW No. 70673/Case No. ED104342 – 11 pages) (Missouri Court of Appeals, Eastern District, Dolan, J.)

Tagged with: Criminal Law statutory rape Victim’s Testimony