Legal Opinion

State v. Gott

Missouri Court of Appeals

Decided July 5, 2017No. SD 34324PublishedCited by 9 opinions

1Opinion of the CourtJeffrey W. Bates, P.J.

After a jury trial, Howard Gott (Defendant) was convicted of second-degree assault and armed criminal action. Athough Defendant presents ten points on appeal, the- alleged errors' fall into two- groups: challenges to the admission of 'various statements pursuant to the excited-utterance exception to the hearsay rule (Points 1 through 4); and challenges to the admission of evidence relating to Defendant’s post-Miranda1 silence in violation of Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976) (Points 6 through 10). We affirm because: (1) we find no abuse of discretion in the…

2Cases cited40 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  3. Doyle v. OhioSupreme Court of the United States · 1976
  4. Estelle v. SmithSupreme Court of the United States · 1981
  5. Wainwright v. GreenfieldSupreme Court of the United States · 1986

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3Cited by9 opinions

  1. State v. BettsMissouri Court of Appeals · 2018
  2. In the Interest of: T.R.T. v. Juvenile OfficerMissouri Court of Appeals · 2021
  3. STATE OF MISSOURI v. RANDALL LEE ABNEYMissouri Court of Appeals · 2024
  4. STATE OF MISSOURI v. STEVEN RAY ENDSLEYMissouri Court of Appeals · 2023
  5. STATE OF MISSOURI v. TIMOTHY M. KLEESCHULTEMissouri Court of Appeals · 2021

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