Legal Opinion · Dissent

State v. Scott

Missouri Court of Appeals

Decided April 18, 2006No. ED 85772Published

1Dissent

PATRICIA L. COHEN, Judge.

I dissent. I believe that the dispositive issue in this case is whether, having made a post-trial determination that “the evidence presented at trial reflects that the items seized from the Defendant’s vehicle were illegally seized in violation of’ the U.S. and Missouri Constitutions, the trial court erred in failing to grant the Motion for New Trial that Defendant filed as an alternative to his post-trial Motion for Judgment of Acquittal. Given the obvious significance of the evidence at issue to a determination of Defendant’s guilt, I would remand this ease for a…

2Cases cited19 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. State v. MilliornSupreme Court of Missouri · 1990
  3. State Ex Rel. Simmons v. WhiteSupreme Court of Missouri · 1993
  4. State v. AndersonSupreme Court of Missouri · 2002
  5. State v. AndersonSupreme Court of Missouri · 1985

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