State v. Butler

We respectfully dissent from the per curiam affirmance. We disagree with Judge Lowenstein’s opinion that the evidence was adequate to allow a jury to find Mr. Butler guilty beyond a reasonable doubt. While we agree that Mr. Butler failed to preserve his objection to the admission of the expert’s opinion that the hairs found on the victim matched Mr. Butler’s hair beyond a reasonable doubt, we find that, under Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852, 860 (Mo. banc 1993), the question remains whether that aspect of her opinion testimony was so deficient in weight and credibility as…