STATE v. KEARNEY (2018)

Missouri Court of Appeals, Western District.

STATE of Missouri, Respondent, v. Sarah S. KEARNEY, Appellant.

WD 80325

Decided: June 19, 2018

Before Division Two: James Edward Welsh 1, Presiding Judge, Alok Ahuja, Judge, Anthony Rex Gabbert, Judge

Julia E. Neidhardt, Jefferson City. MO, Counsel for Respondent. Carol D. Jansen, Columbia, MO Counsel for Appellant.

ORDER

Sarah Kearney appeals her conviction and sentence for possession of a controlled substance, Section 195.202, RSMo 2015, and for tampering with physical evidence, Section 557.100, RSMo. 2015. She argues the trial court erred by denying her motion for a mistrial. First, she argues the trial court abused its discretion, because the court did not require the State to rebut a presumption of prejudice resulting from juror misconduct. Second, Kearney requests plain error review, arguing the court’s comments following witness testimony resulted in juror prejudice that was manifestly unjust. We affirm. Rule 30.25 (b).

Per Curiam:

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law