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Missouri Supreme Court: Use of Out-of-Court Statement Admitted at Trial Exceeded Limited Purpose of Exception to Rule Against Hearsay Upon Which It Was Admitted
Loaded on Feb. 15, 2023
by Matthew Clarke
published in Criminal Legal News
March, 2023, page 26
Filed under:
Hearsay Evidence.
Location:
Missouri.
by Matt Clarke
The Supreme Court of Missouri, sitting en banc, held that the trial court committed prejudicial error by allowing a police detective to testify at trial regarding an out-of-court statement made to police by a person who did not testify at trial to prove the …
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More from this issue:
- They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars., by Brett Murphy
- Indiana Supreme Court: Defendant Who Was Both Victim of Crime and Suspect in Unrelated Crime Entitled to Pirtle Warning Prior to Police Asking for Consent to Search Home, by Anthony Accurso
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, by Dale Chappell
- Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC, by Jacob Barrett
- Colorado Supreme Court: Police Lacked Reasonable Suspicion for Traffic Stop Based on Alleged Unsafe Lane Change, by Anthony Accurso
- California Court of Appeal: Right to Withdraw Plea 23 Years After Entered Because Counsel Failed to Properly Advise of Immigration Consequences and Defendant Mistakenly Believed Permanent Resident Status Barred Adverse Immigration Consequences, by David Reutter
- California Court of Appeal Affirms Grant of Suppression Motion Where Officer’s Pat Search of Defendant Based on High Crime Area, Baggy Clothes, Criminal Record, and Suspect in Separate Case, by Douglas Ankney
- New Jersey Supreme Court: Edwards Violation When Police Fail to Cease Interrogation After Suspect Makes Ambiguous Invocation of Right to Counsel and ‘Initiates’ Request for Further Communication with Police, by Jacob Barrett
- Missouri Supreme Court: Use of Out-of-Court Statement Admitted at Trial Exceeded Limited Purpose of Exception to Rule Against Hearsay Upon Which It Was Admitted, by Matthew Clarke
- Your Car Knows a Lot About You, and the Police Are Listening, by Michael Thompson
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- California Court of Appeal: ‘Actual Killer’ Under Felony-Murder Rule Means Person ‘Who Personally Killed the Victim”, by Harold Hempstead
- Attorney General Garland Orders Federal Prosecutors to End Sentencing Disparities Between Crack and Powder Cocaine, by Matthew Clarke
- Governor of Oregon Leaves Legacy of Reformation While Leaving Office, by Kevin Bliss
- Nevada Supreme Court: Trial Court Erred in Denying Motion to Substitute Counsel Where Ample Evidence Showed Counsel Was Unprepared and Motion Timely, by Harold Hempstead
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- New San Francisco Ordinance Allows Police to Access Private Security Cameras, by Kevin Bliss
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- News in Brief
More from Matthew Clarke:
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026
- Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, Oct. 1, 2026
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
More from these topics:
- Idaho Supreme Court Holds Conflicting Affidavits About Plea Acceptance Require Evidentiary Hearing on Ineffective-Assistance Claim, Oct. 1, 2026. Summary Disposition, Strickland Standard, Hearsay Evidence, Plea Agreements/Guilty Pleas.
- Delaware Supreme Court Announces Four-Part Plain Error Framework, Aligning Prejudice Standard With Federal Approach Requiring Reasonable Probability of Different Outcome, March 1, 2026. Preservation of Appellate Rights/Issues, Failure to Object, Hearsay Evidence, Confrontation Clause, Plain Error.
- Maine Supreme Judicial Court Vacates Conviction Based on Confrontation Clause Where Toxicologist Testified About Toxicology Tests Performed by Others, Which SCOTUS Rejected in Smith v. Arizona, Oct. 15, 2025. Forensic Sciences, Testimonial Statements, Crime Lab Reports, Hearsay Evidence, Expert and Opinion Testimony.
- Mississippi Supreme Court Vacates Convictions, Holding Multiple Errors by State Resulted in ‘Legal Chaos’ That Deprived Defendant of Right to Fair Trial Under ‘Cumulative-Error Doctrine’, May 15, 2025. Fifth Amendment, Prejudicial Spillover, Hearsay Evidence, Graphic and Inflammatory Evidence.
- Maryland Supreme Court Clarifies Process for Admitting Co-Conspirator’s Hearsay Statements During Police Interview Under ‘Declaration Against Penal Interest’ Exception, Trial Court Must ‘Parse’ Interview to Determine Admissibility of Each Statement, Feb. 1, 2025. Standard of Review, Police Interrogations, Evidence - Admissibility, Hearsay Evidence, Co-conspirator Statements.
- Washington Appellate Court Reverses Parole Revocation Based on Hearsay, Nov. 15, 2024. Hearsay Evidence, Revocation Proceedings.
- Rhode Island Supreme Court Holds Temporal Requirement of ‘Recent Fabrication’ Exception to Hearsay Rule Not Satisfied and Scribbled Note Made by Child Victim of Sexual Abuse Years After Alleged Events Not ‘Excited Utterance’, Oct. 1, 2024. Sexual Abuse of a Minor, Sexual Abuse - Aggravated, Fabrication of Evidence, Sexual Abuse/Harrassment/Exploitation, Hearsay Evidence.
- First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony, Aug. 1, 2024. U.S. Sentencing Guidelines, Unreliable and Unsubstantiated Assertions, Hearsay Evidence.
- Colorado Supreme Court Clarifies There Is No Per Se Rule Excluding Self-Serving Hearsay, Sept. 1, 2023. Pro Se Issues, Hearsay Evidence, Exclusionary Rule.
- Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause, Sept. 15, 2022. Informants, Confrontation Clause/Rights, Hearsay Evidence.





