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   State Courts - Missouri - February 27, 2007

  
State v. Banks, No. SC87921, SUPREME COURT OF MISSOURI, February 27, 2007, Filed
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Overview: Appellant's first-degree murder and armed criminal action convictions were reversed where the prosecutor's reference to appellant as the "Devil" in rebuttal closing argument was a personal and inflammatory attack and the trial court's failure to promptly and firmly rebuke counsel in front of the jury prejudiced appellant.

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State v. Beasley, No. ED87213, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, February 27, 2007, Order Filed
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State v. Berry, WD 66472, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 27, 2007, Order Filed
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State v. Cannon, WD64784, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 27, 2007, Opinion Filed
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Overview: Trial court did not err and violate defendant's Sixth Amendment Confrontation Clause rights admitting witness's 911 call as statements made during call were not testimonial. Trial court did not err in admitting evidence of defendant's threats against witness as it was relevant to show consciousness of guilt in view of defendant's claimed defense.

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State v. Cooper, No. SC87787, SUPREME COURT OF MISSOURI, February 27, 2007, Filed
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Overview: Defendant's first-degree burglary conviction under Mo. Rev. Stat. § 569.190 (2000) was reversed where the verdict-directing jury instruction omitted an essential element of the offense, i.e., that defendant knowingly entered the victim's house unlawfully, and whether defendant had entered the house unlawfully was in serious dispute at trial.

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State v. Hunter, No. ED88697, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, February 27, 2007, Filed
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State v. Ingrim, WD 65911, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 27, 2007, Order Filed
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State v. McGinness, No. ED87116, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, February 27, 2007, Filed
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Overview: In a possession of a controlled substance case, the State's erroneous reclassification of the offense when it amended the information under Mo. Sup. Ct. R. 23.08 to include that defendant was a prior drug offender did not render the information fatally defective as the classification was not an essential element and its inclusion was surplusage.

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State v. Pointer, WD 66311, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 27, 2007, Opinion Filed
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Overview: Trial court did not err in denying defendant's Batson challenges given one juror's past employment as a prison guard and her feelings regarding prosecution of her nephew. Stated reason for striking another juror was the number of family members affected by murder; case was a murder case being prosecuted by the same staff that prosecuted his family.

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State v. Renfrow, WD 66102, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 27, 2007, Opinion Filed
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Overview: A trial court erred when it overruled defendant's motion to suppress evidence of defendant's intoxication in defendant's trial for DWI, a violation of Mo. Rev. Stat. § 577.010. Because a police officer made the initial stop outside of the officer's jurisdiction and was not in pursuit under Mo. Rev. Stat. § 544.157, the stop was unlawful.

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