Legal Opinion

State v. Cothern

Missouri Court of Appeals

Decided January 20, 2010No. SD 29669PublishedCited by 1 opinion

1Opinion of the Court

DANIEL E. SCOTT, Chief Judge.

Ferrell Cothern (Defendant) went into Ruth Gilbert’s home and shot her. A jury found him guilty of first-degree assault and other offenses. He challenges two evidentiary rulings that he concedes were matters of trial court discretion which we will not disturb without a clear showing of abuse — i.e., a ruling so unreasonable, arbitrary, and clearly against the logic of the circumstances that it shocks the sense of justice and indicates a lack of careful, deliberate consideration. See State v. Cummings, 134 S.W.3d 94, 102 (Mo.App.2004). An extended description of…

2Cases cited3 opinions

  1. State v. ClementsMissouri Court of Appeals · 1990
  2. State v. CummingsMissouri Court of Appeals · 2004
  3. Elliott v. StateMissouri Court of Appeals · 2009

3Cited by1 opinion

  1. MM, LLC v. WittMissouri Court of Appeals · 2010

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