STATE v. FOREMAN (2023)

Missouri Court of Appeals, Western District.

STATE of Missouri, Respondent, v. Harry Dale FOREMAN, Jr., Appellant.

WD 85033

Decided: May 23, 2023

Division One: Mark D. Pfeiffer, Presiding Judge, Karen King Mitchell and W. Douglas Thomson, Judge Karen Louis Kramer, Jefferson City, MO, Attorney for Respondent. Christian Lehmberg, Columbia, MO, Attorney for Appellant.

ORDER

Harry D. Foreman, Jr. (“Foreman”) appeals his convictions of one count of trafficking drugs in the second degree, six counts of delivery of a controlled substance, two counts of possession of a controlled substance, and one count of keeping or maintaining a public nuisance, following a jury trial in the Circuit Court of Vernon County (“trial court”). Foreman raises two points on appeal, arguing in both that “[t]he trial court plainly erred by abandoning its duty of neutrality and injecting itself into the proceedings when the judge, not the prosecutor, objected” during trial. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 30.25(b).¹

FOOTNOTES

1.   All rule references are to Missouri Supreme Court Rules (2022).

PER CURIAM: