State v. Lewis, 388 S.W.3d 252

Lewis was convicted by jury of sodomizing his three-year-old neighbor, a deviate sexual intercourse crime.
Evidence showed E_ described genital touching during a bedroom incident in which she protested and screamed for help.
A fresh abrasion and light bleeding on E_ the next day supported the allegation of sexual contact; a caregiver corroborated distress statements.
Lewis denied wrongdoing; his girlfriend and the victim’s mother witnessed and testified to the girl’s screams and statements.
The defense challenged certain evidentiary aspects (skin-to-skin contact, evidentiary scope of rebuttal videos) but the trial court admitted contested materials.
On appeal, Lewis challenged sufficiency of evidence, use of interview videos in rebuttal, Confrontation Clause implications, competency rules, and newly discovered evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence	Lewis argues no proof of deviate intercourse beyond reasonable doubt.	State argues evidence and reasonable inferences support guilt.	Sufficient evidence supports verdict.
Rebuttal use of interview videos	Videos were improper rebuttal, not proper impeachment.	Trial court had discretion; rebuttal allowed.	Admissibility within trial court discretion; upheld.
Constitutionality of § 491.075 video use	Confrontation Clause constraints apply to such interviews.	Statute and Perry permit use; no violation when witness testifies.	No Confrontation Clause violation.
Competency to testify of a young victim	Constitutionality of letting a child testify without competency determinations.	Statutory framework resolves competency in such cases; waiver.	Waived; Point rejected.
Newly discovered evidence on juror nondisclosure	New juror disclosure evidence warrants new trial/remand.	Evidence not in record; new trial relief unavailable; remand limited.	Point rejected; no new trial or remand granted.

State v. Atterberry, 358 S.W.3d 564 (Mo.App.2012) (standard of review for sufficiency of evidence)
State v. Benn, 341 S.W.3d 203 (Mo.App.2011) (deviate sexual intercourse can occur without skin-to-skin contact)
State v. Floyd, 347 S.W.3d 115 (Mo.App.2011) (trial court's evidentiary rulings reviewed for abuse of discretion)
State v. Ware, 326 S.W.3d 512 (Mo.App.2010) (timeliness of objections; rebuttal evidence standard)
State v. Perry, 275 S.W.3d 237 (Mo.banc 2009) (Confrontation Clause and § 491.075 validity)
State v. Peeples, 288 S.W.3d 767 (Mo.App.2009) (Confrontation Clause application to testimonial statements)
State v. Williams, 729 S.W.2d 197 (Mo.banc 1987) (competency framework for child victims in abuse cases)
State v. Terry, 304 S.W.3d 105 (Mo.banc 2010) (remand remedies for newly discovered evidence on appeal)
State v. Carney, 195 S.W.3d 567 (Mo.App.2006) (new evidence rule and appellate procedures)