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State v. Davis

Missouri Court of Appeals, Eastern District, DIVISION TWO.
Sep 10, 2019
589 S.W.3d 61 (Mo. Ct. App. 2019)

Opinion

No. ED 106741

09-10-2019

STATE of Missouri, Respondent, v. Michael R. DAVIS, Appellant.

FOR APPELLANT, Timothy J. Smith, 2611 South Big Bend Boulevard, St. Louis, Missouri 63143, Steven Kratky, Missouri Public Defender, 1010 Market Street, Suite 1100, St. Louis, Missouri 63101. FOR RESPONDENT, Dora A. Fichter, Assistant Attorney General, PO Box 899, Jefferson City, Missouri 65102.


FOR APPELLANT, Timothy J. Smith, 2611 South Big Bend Boulevard, St. Louis, Missouri 63143, Steven Kratky, Missouri Public Defender, 1010 Market Street, Suite 1100, St. Louis, Missouri 63101.

FOR RESPONDENT, Dora A. Fichter, Assistant Attorney General, PO Box 899, Jefferson City, Missouri 65102.

Before Philip M. Hess, P.J., Kurt S. Odenwald, J. and Lisa P. Page, J.

ORDER

PER CURIAM Michael R. Davis ("Defendant") appeals his conviction after a jury trial in the Circuit Court of the City of St. Louis. On appeal, Defendant claims an exhibit was entered despite being inadmissible for numerous reasons. Defendant also claims the trial court erred in allowed the State to attempt to shift the burden onto two alibi witnesses testifying on Defendant’s behalf. Defendant has failed to show the trial court abused its discretion in admitting the exhibit into evidence and has failed to show the trial court plainly erred in failing to intervene or find prosecutorial misconduct. Therefore, Defendant’s points on appeal are denied, and we affirm the trial court’s judgment of conviction and sentence. A written opinion would have no precedential value and would serve no jurisprudential purpose. The parties have been furnished with a memorandum, for their information only, setting forth the reasons for our decision.

We affirm the judgment under Missouri Supreme Court Rule 30.25(b) (2018).


Summaries of

State v. Davis

Missouri Court of Appeals, Eastern District, DIVISION TWO.
Sep 10, 2019
589 S.W.3d 61 (Mo. Ct. App. 2019)
Case details for

State v. Davis

Case Details

Full title:STATE of Missouri, Respondent, v. Michael R. DAVIS, Appellant.

Court:Missouri Court of Appeals, Eastern District, DIVISION TWO.

Date published: Sep 10, 2019

Citations

589 S.W.3d 61 (Mo. Ct. App. 2019)