439 S.W.3d 276
Mo. Ct. App.2014Background
- Defendant Michael R. Jackson appeals his conviction on two counts of first-degree statutory sodomy in Missouri’s Eastern District.
- The victim, his niece, testified that he touched her vagina with fingers and a vibrator and inserted fingers beginning in fourth grade.
- The victim disclosed abuse to friends, her mother, police, and a Child Advocacy Center interviewer; statements were admitted under Section 491.075.
- The trial court admitted statements from the victim to Officer Michael, her mother, and Christie, and later from friends; the jury convicted on two counts and acquitted two.
- Defendant challenged sufficiency of the State’s evidence and several evidentiary rulings; the appellate court affirmatively ruled.
- The court applied standard sufficiency review and affirmed the judgment in all aspects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support two counts | Jackson | Jackson | Denied; sufficient evidence to convict two counts. |
| Admission of CAC interview transcript | Jackson challenged hearsay transcript | Jackson | Denied; transcript admitted to assist following video. |
| Exclusion of Exhibit B text messages | Jackson | Jackson | Denied; exclusion proper and non-prejudicial. |
Key Cases Cited
- State v. Hill, 408 S.W.3d 820 (Mo. App. E.D. 2013) (sufficiency review standard in Missouri)
- State v. Cook, 339 S.W.3d 523 (Mo. App. E.D. 2011) (victim testimony alone may sustain conviction without corroboration)
- State v. Eisele, 414 S.W.3d 507 (Mo. App. E.D. 2013) (abuse of discretion standard for admissibility; prejudice analysis)
- State v. Sprofera, 372 S.W.3d 17 (Mo. App. W.D. 2012) (prejudice and prejudice standard on evidentiary rulings)
- State v. Sprinkle, 122 S.W.3d 652 (Mo. App. W.D. 2003) (memory variations in young witnesses; credibility considerations)