336 S.W.3d 473
Mo. Ct. App.2011Background
- Crimes occurred Nov–Dec 2008 at a 275 Union Blvd apartment building; items were stolen from multiple residents, sometimes with residents present and threatened, including tying up a victim.
- Woods was detained and identified by cafe and building witnesses and by victims; charged with two counts of first-degree robbery, two counts of first-degree burglary, one count of stealing over $500, one count of false imprisonment, two counts of stealing under $500, and one count of resisting arrest.
- Jury returned guilty verdicts on all counts; Woods sentenced to concurrent terms (20 years for each robbery, 7 years for each burglary and the $500+ stealing, 1 year for remaining counts).
- Woods challenged admission of a video deposition of a victim (Nagda) and argued joinder/severance issues; the court addressed both challenges on appeal.
- The court reversed and remanded for a new trial on Nagda-related counts; otherwise, the judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Nagda video deposition. | Woods | Woods urged unavailability and proper conservation under Rule 25.16(b)(4) not shown. | Deposition improperly admitted; reversal for new trial on Nagda counts. |
| Proper joinder and denial of severance. | Woods | Joinder proper; severance not warranted. | Joinder upheld; severance denial affirmed. |
Key Cases Cited
- State v. Glaese, 956 S.W.2d 926 (Mo.App. S.D.1997) (confrontation rights; availability requirement for deposition)
- State v. Gray, 616 S.W.2d 102 (Mo.App. W.D.1981) (unavailability for use of deposition under Rule 25.16(b)(4))
- Warren, 141 S.W.3d 478 (Mo.App. E.D.2004) (joinder/severance; factors for ruling and prejudice considerations)
- Reeder, 182 S.W.3d 569 (Mo.App. E.D.2005) (severance when offenses distinct; discretion of trial court)