Legal Opinion

STATE OF MISSOURI, Plaintiff-Respondent v. WILLIAM J. KEARNES

Missouri Court of Appeals

Decided April 7, 2015No. SD33305Published

1Opinion of the CourtNancy Steffen Rahmeyer, J.

A jury found William J. Kearnes (“Defendant”) guilty of stealing a tractor and brush hog, and the trial court sentenced him as a prior offender to ten years in the Missouri Department of Corrections. Defendant appeals and raises three points— (1) the trial court “plainly erred in not declaring a mistrial sua sponte ” when the prosecutor, without objection, “misstate[d the] law” in closing argument, (2) the trial court “plainly erred in overruling [Defendant’s] objection” to a statement and implication by the prosecutor during closing argument that was “not based on any evi dence,” and (3) the…

2Cases cited14 opinions

  1. State v. SilveySupreme Court of Missouri · 1995
  2. State v. MillerSupreme Court of Missouri · 2012
  3. State v. DeckSupreme Court of Missouri · 2010
  4. State v. BarrinerSupreme Court of Missouri · 2003
  5. State v. PerrySupreme Court of Missouri · 2009

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