State v. Austin
2013 Mo. App. LEXIS 1009
| Mo. Ct. App. | 2013Background
- Defendant appeals after juried convictions for second-degree assault, armed criminal action, and resisting arrest, with concurrent seven-year terms for assault and armed action and a four-year term for resisting arrest.
- Victim received multiple calls from Defendant, who was the victim’s daughter’s boyfriend, and Defendant threatened to seriously harm Victim and her household.
- Defendant was outside Victim’s home; collision occurred when Victim’s husband and Victim confronted Defendant, who backed his car into Victim, injuring her as he fled.
- Police later attempted to arrest Defendant; he hid in his apartment and resisted; officers secured him after they forced his arms free and handcuffed him.
- During pretrial and trial, issues of admissibility of prior threats and credibility-impeachment evidence were litigated, including cross-examination about post-incident drug tests.
- Defendant was read Miranda rights; he later gave a statement about hitting Victim with the car; the jury convicted him on all counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusion of credibility-impeachment evidence | State argues exclusion limited prejudicial testimony, not material to guilt. | Defendant contends testing evidence would impeach Victim’s credibility. | Court did not abuse discretion; exclusion was proper and non-prejudicial. |
| Admission of prior threats against Victim | Threats show state of mind and intent to injure Victim. | Evidence of prior threats is improper propensity evidence with danger of prejudice. | Plain-error review denied; admissible as part of circumstances and motive; not outcome-determinative; no reversal. |
Key Cases Cited
- State v. Hadley, 357 S.W.3d 267 (Mo.App. E.D. 2012) (abuse of discretion standard for evidentiary rulings)
- State v. Blakey, 203 S.W.3d 806 (Mo.App. S.D. 2006) (prejudice vs. probative value in limiting cross-examination)
- Mitchell v. Kardesch, 313 S.W.3d 667 (Mo. banc 2010) (witness credibility and impeachment methods)
- State v. Jones, 296 S.W.3d 506 (Mo.App. E.D. 2009) (defendant flight as evidence of guilt)
- State v. Cannady, 389 S.W.3d 306 (Mo.App. S.D. 2013) (plain-error review and prejudice standard)
- Placke, 290 S.W.3d 145 (Mo.App. S.D. 2009) (plain-error review framework)
- Moore, 252 S.W.3d 272 (Mo.App. S.D. 2008) (plain error resulting in manifest injustice standard)