State v. Hannon
2013 Mo. App. LEXIS 546
Mo. Ct. App.2013Background
- Nathan Hannon was convicted by a jury of two counts of first-degree statutory sodomy against T.S. (age eight).
- The State introduced out-of-court statements by T.S. through his grandmother, his sister, and CAC interviewer Ms. Tucker under section 491.075.
- Pre-trial and trial evidence included T.S.’ CAC interview, grandmother’s testimony about statements, sister’s hearsay, mother’s testimony, and detective/courtroom recordings.
- The trial court admitted the grandmother’s statements despite hearsay objections; defense challenged reliability under section 491.075.1.
- Following sentencing, defendant underwent a reopened Rule 29.07(b)(4) inquiry for ineffective assistance; attendance records were discussed but not admitted.
- Defendant sought remand for newly discovered evidence (school attendance records); remand was denied to preserve verdict and integrity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of grandmother’s statements under 491.075 | State contends reliability supported by totality of circumstances. | Defense argues lack of indicia of reliability and improper bolstering. | No reversible error; statements had sufficient indicia of reliability. |
| Admission of sister’s statements without 491.075 hearing | Sister’s testimony was cumulative and not outcome-determinative. | Denied due process due to lack of reliability hearing. | Plain error not shown; no reversal. |
| Reopened Rule 29.07(b)(4) inquiry and school records | Records impeachment purposes and available via motion for new trial. | Attendance records are newly discovered and could affect verdict. | Reopened inquiry proper; records not likely to alter result; no new trial. |
| Remand for newly discovered evidence | Remand appropriate to consider material, non-impeaching evidence. | Should remand due to potential retrial based on new evidence. | Remand denied; evidence not likely to change outcome. |
Key Cases Cited
- State v. Gaines, 316 S.W.3d 440 (Mo.App. W.D.2010) (hearsay exceptions for child statements; reliability factors)
- State v. Thompson, 341 S.W.3d 723 (Mo.App. E.D.2011) (totality of circumstances; reliability assessment)
- State v. Debler, 856 S.W.2d 641 (Mo. banc 1993) (Rule 29.07(b)(4) proceedings; ineffectiveness framework)
- State v. Terry, 304 S.W.3d 105 (Mo. banc 2010) (remand for newly discovered evidence; rarity)
- State v. Mooney, 670 S.W.2d 510 (Mo.App. E.D.1984) (recantation and remand distinctions)
- State v. Sapien, 337 S.W.3d 72 (Mo.App. W.D.2011) (memory variations in tender-year victims)
- State v. Nylon, 311 S.W.3d 869 (Mo.App. E.D.2010) (extraordinary remand for newly discovered evidence)
- Sprinkle v. State, 122 S.W.3d 664 (Mo.App. W.D.2003) (victim's demeanor and reliability indicators)