State of Missouri v. Thomas A. Ess

Thomas A. Ess (hereinafter, “Ess”) appeals from the circuit court’s judgment convicting him of two counts of first-degree statutory sodomy, section 566.062, RSMo 20001, two counts of second-degree statutory sodomy, section 566.064, and one count of attempted first-degree child molestation, section 566.067. Ess raises three points on appeal, alleging juror misconduct, instructional error, and insufficient evidence to support two of his convictions. This Court holds one juror committed misconduct through the intentional nondisclosure of a material fact related to the lawsuit, specifically that…