Case Law Update for the Week of October 4 – October 10
Criminal
Comment Did Not Address Right to Silence
State’s closing argument that, “We haven’t really heard a reason” why defendant was in victim’s garage if not to steal, was not a comment on defendant’s right to silence. Jury could infer intent to steal from signs of a search through victim’s belongings in victim’s garage where victim found defendant.
STATE OF MISSOURI, Respondent vs. DALE CATER, JR., Appellant
Missouri Court of Appeals, Southern District – SD35877
Evidence from Civil Action Admissible in Criminal Action
Appellant’s forgery of a warranty deed to real property was the source of a civil action by the owner of the property, and of a criminal action against appellant for forgery. In the criminal action, evidence of the owner’s efforts to secure title to his own property were relevant to show the rightful owner, and otherwise to present a complete picture of the events, and was more informative than prejudicial. That evidence did not constitute prior bad acts, it constituted the same bad act.
STATE OF MISSOURI, Plaintiff-Respondent v. VERNON G. CHRISTIAN, Defendant-Appellant
Missouri Court of Appeals, Southern District – SD35718
Felony Murder Shown
Felony murder occurs when a homicide follows as part of a felony offense, which the State showed with proof of a felony, a killing, and concealment of the body in quick succession, showing “one continuous transaction.” A witness’s statement, that defendant was familiar in Kansas corrections, did not require a mistrial because it did not say that defendant had ever been an inmate.
STATE OF MISSOURI, Plaintiff-Respondent vs. MARTIN DEAN PRIEST, Defendant-Appellant
Missouri Court of Appeals, Southern District – SD35804
Waiver of Jury Trial Survives Change of Judge
Defendant waived a jury trial and nothing in the record shows that the waiver depended on who the judge was. The first judge recused, a second judge heard case, and defendant never objected to a bench trial or filed a withdrawal of waiver. On those facts, the waiver was knowing and voluntary, and no plain error occurred when the second judge conducted a bench trial.
STATE OF MISSOURI, Plaintiff-Respondent vs. LARRY DEAN PRESLEY, Defendant-Appellant
Missouri Court of Appeals, Southern District – SD35590
Mandatory Requirements Distinguished from Discretionary for Expungement
Statutes set forth the requirements for expungement of criminal records, some discretionary, but some mandatory. For expungement of a record of an arrest, the arrest must be for offense “eligible” for expungement of an arrest record. Rules providing for disposition of actions without formal rules of evidence allowed consideration of an attachment to respondent’s petition, showing that respondent’s arrest was not eligible for expungement. For a conviction, the petition must be filed no sooner than three years after disposition of the criminal action, and respondent filed less than three years from filing of a charging instrument and plea of guilty, so respondent’s petition must have been premature. A party preserves its arguments by filing a motion for reconsideration before the judgment was final. Judgments of expungement reversed.
L.F.W., JR., Petitioner-Respondent vs. MISSOURI STATE HIGHWAY PATROL CRIMINAL RECORDS REPOSITORY, ET. AL., Resondents-Appellants
Missouri Court of Appeals, Southern District – SD35745, SD35746 & SD35747 CONSOLIDATEDDWI
DWI
Judicial Review De Novo Explained
Notice of suspension is subject to administrative review before the Director of Revenue, whose decision is subject to judicial review de novo in circuit court. In circuit court, the rules for an original civil action govern, not the statutes for circuit court review of an administrative decision. So “the evidence presented at the administrative hearing or the findings of the hearing officer” are irrelevant.
Holly N. Waters vs. Director of Revenue
(Overview Summary)
Missouri Court of Appeals, Western District – WD82376