Criminal
Good Samaritan drug possession immunity requires causation
A statute immunized the defendant from prosecution for possession of contraband substances when such possession was found “as a result of” a call for medical assistance. “As a result” of meant “because.” The defendant called for medical assistance but refused treatment and asked the responding law enforcement officer for ride to a gas station. The officer conditioned that favor on a search of the defendant for the officer’s safety. Defendant consented, the officer searched the defendant’s backpack, and the officer found contraband. That discovery happened because the defendant consented to a search, not because of the call for medical assistance. The call’s “but for” presence in a sequence of events did not make the call into the cause of the discovery. The Missouri Court of Appeals affirmed the conviction.
STATE OF MISSOURI, Respondent v. TIMOTHY LOUIS SMITH, Appellant
Missouri Court of Appeals-Southern District – SD38313
Must find prior offender status before sentencing
Statutes provide that a prior offender was subject to sentencing by the circuit court, and that a finding of prior offender was due before submitting the case to the jury. The circuit court erroneously failed to do so, and the defendant sought remand for re-sentencing by the jury. “The right to jury sentencing is statutory, not constitutional, such that the mere deprivation of the right itself is not a basis for reversal [and] the denial of the statutory right to jury sentencing becomes prejudicial only when it impacts the fairness of the defendant’s trial.” The defendant could not show prejudice because no enhancement of sentence was at issue, and the defendant did not show that his defense would have been any different.
State of Missouri, Respondent, vs. Ryan Johnston, Appellant.
Missouri Court of Appeals-Eastern District – ED112469
Concealing suspect hindered prosecution
The elements of hindering prosecution of a felony included concealing another person with the purpose of hindering that other person’s apprehension. The state showed that element with evidence that a person wanted on outstanding felony warrants was in the defendant’s residence, and that the defendant denied that the person was in the residence. The defendant’s failure to hinder the person’s arrest was irrelevant.
State of Missouri, Respondent vs. Carri N. Myers, Appellant.
Missouri Court of Appeals-Eastern District – ED112129
