State v. Ellison

MICHAEL A. WOLFF, Judge.

Issue

Does Missouri’s Constitution permit a court to admit evidence of a criminal defendant’s prior conviction solely for the purpose of showing that the defendant has a propensity to commit the crime with which he is charged?

Facts and Procedural History

Donald Ellison was charged with child molestation in the first degree under section 566.067. 1 Ellison allegedly touched his genitals to the genitals of a child who was either eight or nine years of age at the time of the offense. The jury found Ellison guilty.

The facts, stated most favorably to the verdict, are as…