State v. Campbell
2011 Mo. App. LEXIS 1226
Mo. Ct. App.2011Background
- Campbell was convicted of statutory rape in the second degree after a jury trial in Missouri.
- Defense on appeal challenges the admissibility of a high school photograph of the victim used in rebuttal.
- Victim was 15 years old on September 9, 2006; Campbell was 28, falsely presenting as Mike and pursuing a relationship with her.
- Victim was examined at hospital; semen found; Campbell’s DNA matched the semen.
- Campbell testified he believed the victim was 18; State used rebuttal photograph to counter this claim.
- Issue concerns discovery obligations under Rule 25.03 and potential Brady v. Maryland violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the rebuttal photograph was admissible | Campbell | Campbell | Admissible rebuttal; proper under discretion |
| Whether failure to disclose the photograph violated Rule 25.03 | Campbell | State | No Rule 25.03 violation; not required to disclose rebuttal evidence |
| Whether the State violated Brady by withholding the photograph | Campbell | State | No Brady violation; photograph was inculpatory, not exculpatory or impeaching |
Key Cases Cited
- State v. Gardner, 8 S.W.3d 66 (Mo. banc 1999) (scope and abuse of discretion in rebuttal evidence)
- State v. Smith, 265 S.W.3d 874 (Mo.App. E.D.2008) (rebuttal admissibility broad discretion)
- State v. Petty, 967 S.W.2d 127 (Mo.App. E.D.1998) (rebuttal testimony may counter defense)
- State v. Curtis, 544 S.W.2d 580 (Mo. banc 1976) (alibi/mental defense disclosure requirements; rebuttal witnesses)
- State v. Young, 781 S.W.2d 212 (Mo.App. E.D.1989) (rules on disclosure of rebuttal witnesses)
- State v. Moten, 542 S.W.2d 317 (Mo.App. W.D.1976) (lineup photos used in redirect; rebuttal evidence)
- State v. Whitfield, 837 S.W.2d 503 (Mo. banc 1992) (discovery sanctions for Rule 25.03)
- Dormire, 304 S.W.3d 120 (Mo. banc 2010) (Brady analysis and applicability)
- State ex rel. Reed, 334 S.W.3d 619 (Mo.App. E.D.2011) (Brady framework for exculpatory evidence)
- State v. Hamilton, 892 S.W.2d 371 (Mo.App. E.D.1995) (prejudice standard in admissibility challenges)