Legal Opinion

State v. Buss

Missouri Court of Appeals

Decided February 28, 1989No. 53265PublishedCited by 2 opinions

1Opinion of the Court

GRIMM, Presiding Judge.

Defendant was indicted and tried for murder in the first degree. The jury found him guilty of murder in the second degree, a class A felony under § 565.021, RSMo 1986.

Defendant raises seven allegations of error.* First, the trial court erred in admitting evidence seized pursuant to a search warrant, because the search warrant was based on a false, incomplete, and misleading affidavit made with reckless disregard for the truth. We disagree, because the point was not preserved and is not properly reviewable; further there was no plain error since the search warrant was…

2Cases cited18 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Franks v. DelawareSupreme Court of the United States · 1978
  3. North Carolina v. ButlerSupreme Court of the United States · 1979
  4. State v. LingarSupreme Court of Missouri · 1987
  5. State v. WilliamsSupreme Court of Missouri · 1983

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3Cited by2 opinions

  1. State v. SupinskiMissouri Court of Appeals · 1989
  2. State v. FlemmingMissouri Court of Appeals · 1993

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