326 S.W.3d 512
Mo. Ct. App.2010Background
- Ware, Jr. was convicted of first-degree robbery and armed criminal action by a jury in Ozark, Missouri.
- Victim Mary Strozewski identified Ware at trial after a knife-point robbery in the Wal-Mart parking lot.
- A surveillance video showed a blue Cavalier used during the robbery and lacking plates with distinctive wheels.
- Police located the Cavalier at a residence four hours after the robbery; Ware was found inside and attempted to flee.
- Victim later identified Ware from a six-photo lineup shown on December 23, 2004.
- Defendant challenged the sufficiency of the evidence and raised multiple evidentiary and trial-management issues on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for robbery and A.C.A. | Ware argues the evidence was circumstantial and insufficient. | Ware contends the State failed to prove guilt beyond a reasonable doubt. | Robbery and A.C.A. proven by eyewitness and strong circumstantial evidence. |
| Batson challenge to peremptory strike | State conducted race-neutral, non-pretextual strikes. | Prosecutor lacked nondiscriminatory basis; strike against minority venireperson Montiel was pretextual. | Batson objection overruled; no clear error in trial court’s credibility finding. |
| Venire quash request and tainted panel | Court’s venire denial preserved defendant’s right to fair trial. | Comments by two veniremembers tainted the panel. | Court did not abuse discretion; no prejudice shown; venire panel affirmed. |
| Brady violation and admission of Croney testimony | Proffered evidence not exculpatory; its loss not prejudicial. | Proffer videotape might have contained favorable material. | No Brady violation; Croney testimony properly admitted. |
| Exclusion of eyewitness-identification expert | Jury instructed on reliability of identification; expert unnecessary. | Expert could assist jurors in evaluating eyewitness memory. | Court did not abuse discretion in excluding expert testimony. |
Key Cases Cited
- State v. Belton, 153 S.W.3d 307 (Mo. banc 2005) (standard for reviewing witness credibility and sufficiency on appeal)
- State v. Lopez-McCurdy, 266 S.W.3d 874 (Mo.App.2008) (defers to jurors on credibility and weight of evidence)
- State v. Bateman, 318 S.W.3d 681 (Mo. banc 2010) (Batson challenges—race-neutral explanations must be credible)
- State v. Koenig, 115 S.W.3d 408 (Mo.App.2003) (silence can be race-neutral basis for strike)
- Purket v. Elem, 514 U.S. 765 (1995) (recognizes race-neutral reasons like appearance for strikes)
- State v. Deck, 994 S.W.2d 527 (Mo. banc 1999) (prior conviction as valid strike reason)
- State v. Payne, 958 S.W.2d 561 (Mo.App.1997) (prior conviction as valid race-neutral strike)