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