Legal Opinion

State v. Niederstadt

Supreme Court of Missouri

Decided January 22, 2002No. SC 83914PublishedCited by 42 opinions

1Opinion of the Court

JOHN C. HOLSTEIN, Judge.

Following a trial without a jury, defendant James Niederstadt was convicted of forcible sodomy. Sec. 566.060.1, 1 The defendant appealed initially to the Missouri court of appeals and, after opinion, this Court granted transfer. Mo. Const, art. V, sec. 10. The sole issue on appeal is the sufficiency of the evidence. The judgment is affirmed.

I

In reviewing the sufficiency of the evidence in a court-tried criminal case, the same standard is applied as in a jury tried case. Rule 27.01(b); State v. Sladek, 835 S.W.2d 308, 310 (Mo. banc 1992). The appellate court’s role is…

2Cases cited6 opinions

  1. State v. SladekSupreme Court of Missouri · 1992
  2. State v. SpencerMissouri Court of Appeals · 2001
  3. State v. R_ D_ GMissouri Court of Appeals · 1987
  4. State v. DaleskeMissouri Court of Appeals · 1993
  5. State v. KilmartinMissouri Court of Appeals · 1995

1 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. United States v. Jose Sarmiento-FunesCourt of Appeals for the Fifth Circuit · 2004
  2. State v. VandevereSupreme Court of Missouri · 2005
  3. State v. Lopez-McCurdyMissouri Court of Appeals · 2008
  4. State v. BeamMissouri Court of Appeals · 2011
  5. State v. VarnellMissouri Court of Appeals · 2010

37 more not listed; retrieve them via the Exa API.

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