Legal Opinion

State v. Kluck

Missouri Court of Appeals

Decided April 30, 1998No. 21619PublishedCited by 4 opinions

1Opinion of the Court

GARRISON, Presiding Judge.

A jury convicted Don P. Kluek, Jr. (“Defendant”) of second degree murder, § 565.021 RSMo 1994, and the trial court sentenced him to life in prison. He appeals the conviction, arguing that the trial court committed prejudicial error in allowing a lay witness to testify as to his opinion of Defendant’s veracity. We affirm.

Defendant does not challenge the sufficiency of the evidence supporting his conviction. On review, we view the evidence and reasonable inferences therefrom in the light most favorable to the verdict, and do not consider contrary evidence or…

2Cases cited4 opinions

  1. State v. O'BRIENSupreme Court of Missouri · 1993
  2. State v. RaineMissouri Court of Appeals · 1992
  3. State v. BoydMissouri Court of Appeals · 1986
  4. State v. LongMissouri Court of Appeals · 1997

3Cited by4 opinions

  1. State v. ElnickiSupreme Court of Kansas · 2005
  2. State v. DixonMissouri Court of Appeals · 2002
  3. Kluck v. StateMissouri Court of Appeals · 2000
  4. State v. DemeryCourt of Appeals of Washington · 2000

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