From ESQ 11/30/12
Inferences Support Conviction
Evidence, including victim’s statements and eyewitness account of victim’s mother, supported an inference that appellant touched victim’s genitals and did so for sexual gratification. Circuit court did not err in allowing video interview, in rebuttal to appellant’s testimony, despite overlap with State’s case in chief. When interviewee is present at trial and testifies, no Confrontation Clause arises. Constitutional issues, and others, not raised in circuit court are waived. Plain error greater than prejudicial error: appellant “would need to show that a new trial would likely result in acquittal” without which miscarriage of justice or manifest injustice will result.
STATE OF MISSOURI, Respondent, vs. DEREK B. LEWIS, Appellant.
Missouri Court of Appeals, Southern District – SD31553
On charge of felon in possession of a firearm, record included evidence that appellant was sole tenant of house with locked safe containing guns, and that a neighbor had recently moved guns at appellant’s request. Such evidence supported a finding that appellant had at least joint control over safe. Jury may believe some parts of witness’s testimony and disbelieve other parts of same witness’s testimony.
STATE OF MISSOURI, Plaintiff-Respondent, vs. RANDALL SCOTT LUDEMANN, Defendant-Appellant.
Missouri Court of Appeals, Southern District – SD31652