STATE OF MISSOURI v. JOSEPH WILLIE PROBY

A jury found Joe Proby guilty of victimizing a Wal-Mart store-four burglaries and four thefts during 2012. He complains that trial references to his 2009 thefts from the same store were “not legally relevant” in that “the probative value of the evidence was outweighed by its prejudicial effect.”

An accused’s prior misconduct, while not admissible to show propensity, is admissible if otherwise relevant both logically (tends to show guilt) and legally (probative value outweighs prejudicial effect). State v. Bernard, 849 S.W.2d 10, 13 (Mo. banc 1993).

Logical relevance is not at issue. In 2009,…