To preserve a constitutional issue for appellate review, it must be raised at the earliest opportunity consistent with good pleading and orderly procedure, and must be properly preserved throughout the proceeding, or this court's analysis is limited to plain error review. State v. Wickizer , 583 S.W.2d 519, 523 (Mo. banc 1979) ; State v. Baxter , 204 S.W.3d 650, 652 (Mo. banc 2006). Plain error review under Rule 30.20 is discretionary and involves a two-step process.
Transfer is not required, however, unless the defendant has properly preserved the issue for review by raising it at the earliest possible moment consistent with good pleading and orderly procedure and has further preserved it in her motion for new trial. State v. Wickizer, 583 S.W.2d 519, 523 (Mo. 1979) (en banc); State v. Hegwood, 558 S.W.2d 378, 381 (Mo.App. 1977); State v. Davis, supra. A defendant who wishes to challenge the constitutionality of the statute under which an indictment or information is drawn, must raise the issue "at the first opportunity in the course of an orderly procedure."
But the fact is that the trial court has great discretion in ruling on the relevance and materiality of evidence. State v. Wickizer, 583 S.W.2d 519 (Mo. banc 1979); State v. Flenoid, 572 S.W.2d 179 (Mo.App. 1978). Without detailing all the objections made or rulings on them, we find no abuse of discretion by the trial court in this case, as their basic thrust related to the materiality or relevance of matters sought to be injected by the defendant's counsel.
Under Missouri law, "to preserve a constitutional issue for appellate review, it must be raised at the earliest time consistent with good pleading and orderly procedure." State v. Wickizer, 583 S.W.2d 519, 523 (Mo.banc 1979). The State argues that Niederstadt defaulted his due process claim because it was first raised in his motion for rehearing to the Supreme Court of Missouri.
In order to preserve a constitutional issue, Missouri law requires that it be raised at the earliest opportunity "consistent with good pleading and orderly procedure." State v. Wickizer, 583 S.W.2d 519, 523 (Mo. 1979). Although the state argued in its appeal brief in the Missouri Supreme Court that § 566.060 encompassed Mr. Niederstadt's conduct, the asserted constitutional violation on which Mr. Niederstadt's claim rests was not apparent until the Missouri Supreme Court construed the sodomy statute to include that conduct.
Benson, 611 S.W.2d at 540 (citing State v. Wickizer, 583 S.W.2d 519 (Mo. 1979) (en banc)).
In Missouri state court proceedings, a litigant must raise constitutional claims at the earliest opportunity and preserve them throughout the proceedings. State v. Liberty, 370 S.W.3d 537, 546 (Mo. 2012) (en banc) (citing State v. Wickizer, 583 S.W.2d 519, 523 (Mo. 1979) (en banc)). To satisfy the exhaustion requirement, a state prisoner "must give the state courts one full opportunity to resolve any constitutional issues by invoking one complete round of the State's established appellate review process."
In Missouri state court proceedings, a litigant must raise constitutional claims at the earliest opportunity and preserve them throughout the proceedings. State v. Liberty, 370 S.W.3d 537, 546 (Mo. 2012) (en banc) (citing State v. Wickizer, 583 S.W.2d 519, 523 (Mo. 1979) (en banc)). To satisfy the exhaustion requirement, a state prisoner "must give the state courts one full opportunity to resolve any constitutional issues by invoking one complete round of the State's established appellate review process."
In Missouri state court proceedings, a litigant must raise constitutional claims at the earliest opportunity and preserve them throughout the proceedings. State v. Liberty, 370 S.W.3d 537, 546 (Mo. 2012) (en banc) (citing State v. Wickizer, 583 S.W.2d 519, 523 (Mo. 1979) (en banc)). Alleged trial court errors must be raised on direct appeal in Missouri.
In Missouri state court proceedings, a litigant must raise constitutional claims at the earliest opportunity and preserve them throughout the proceedings. State v. Liberty, 370 S.W.3d 537, 546 (Mo. 2012) (en banc) (citing State v. Wickizer, 583 S.W.2d 519, 523 (Mo. 1979) (en banc)). Alleged trial court errors must be raised on direct appeal in Missouri.