State v. Glover
2013 Mo. App. LEXIS 69
| Mo. Ct. App. | 2013Background
- Appellant Delbert F. Glover was convicted of three counts of first-degree statutory sodomy involving his 12-year-old step-daughter during a week-long trip to California.
- The offenses occurred in a truck-stop parking lot near Joplin; sentences were 27 years per count, to run concurrently.
- The State introduced testimony of uncharged sexual acts in California and Texas and a police interview tape where Appellant admitted some contact.
- The trial court allowed the uncharged acts to show absence of accident and motive, after a limited pre-trial ruling.
- The court balancing test held the evidence legally and logically relevant and not unduly prejudicial; the verdict and evidence were upheld on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admitting uncharged acts evidence was an abuse of discretion. | State contends evidence shows absence of accident and motive. | Glover argues evidence is improper propensity evidence with prejudicial effect. | No abuse; evidence properly admitted. |
Key Cases Cited
- State v. Forrest, 183 S.W.3d 218 (Mo. banc 2006) (trial court’s broad discretion in admitting evidence; abuse reviewed for prejudice)
- State v. Gonzales, 153 S.W.3d 311 (Mo. banc 2005) (abuse of discretion standard; balancing probative value and prejudice)
- State v. Mack, 301 S.W.3d 90 (Mo.App. S.D.2010) (prejudice review in evidentiary rulings)