Legal Opinion

Kerns v. State

Missouri Court of Appeals

Decided August 15, 2006No. ED 86439Published

1Opinion of the Court

ORDER

2Per curiam

Dawayne Kerns appeals the judgment denying his Rule 29.15 motion after an evidentiary hearing. 1 In his motion, Kerns asserted various claims stemming from the prosecutor’s comment during closing argument that the jury had not heard any evidence that the victim had a motive to lie. Before trial, the court granted the State’s motion to exclude testimony regarding “[a]ny speculation as to why the alleged victim might he about the offense.” Kerns argues that the prosecutor’s comment during closing argument improperly referred to this excluded evidence. He claims that trial and appellate…

3Cases cited5 opinions

  1. State v. HammondsMissouri Court of Appeals · 1983
  2. State v. LuleffMissouri Court of Appeals · 1987
  3. State v. PriceMissouri Court of Appeals · 1976
  4. State v. WeissMissouri Court of Appeals · 2000
  5. State v. KernsMissouri Court of Appeals · 2003

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