[Download] "State Missouri v. Mark R. Kilmartin" by Western District Court of Appeals of Missouri ~ Book PDF Kindle ePub Free

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eBook details

• Title: State Missouri v. Mark R. Kilmartin
• Author : Western District Court of Appeals of Missouri
• Release Date : January 13, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Mark R. Kilmartin complains in this appeal of his sodomy conviction and life sentence that the state did not present sufficient evidence to support the jury's verdict. We conclude that the state presented sufficient evidence to support the facts hypothesized in the verdict-directing instruction. This case, however, raises a troubling problem of which Kilmartin does not complain: The verdict-directing instruction varies significantly from the charge set out in the information. Kilmartin did not preserve the issue at trial. Although the matter captures our attention for plain error review, we do not grant Kilmartin relief because the variance did not result in manifest inJustice. Kilmartin does complain, in addition, that the trial court wrongly permitted the state to present evidence of pornography found in his house and his prior child molestation charges in another state. He also challenges the denial of his Rule 29.15 motion for postconviction relief. He argues that he established at a hearing on the motion that he was deprived of his constitutional rights to participate in individual voir dire proceedings following general voir dire and to have effective assistance of trial counsel. We affirm the judgments of conviction and denial of his Rule 29.15 motion.

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