State v. Fischer

Missouri Court of Appeals

State v. Fischer

241 S.W.3d 875, 2008 Mo. App. LEXIS 20, 2008 WL 73296

Missouri Court of Appeals·Decided January 8, 2008·No. WD 67722·Published

Opinion

Order

PER CURIAM.

After a jury trial, William Fischer was convicted of one count of deviate sexual assault and sentenced to five years imprisonment. He now appeals that conviction, alleging that several improper comments made by a prospective juror tainted the entire panel and that the State made inappropriate statements during closing argument. Neither of these two points has merit. The trial court did not err in denying Fischer’s request for a mistrial made after the prospective juror’s purportedly improper comments. Moreover, the trial court did not plainly error in failing to sua sponte declare a mistrial during the State’s closing argument. We, therefore, affirm the conviction.

Rule 30.25(b).

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Order

PER CURIAM.

After a jury trial, William Fischer was convicted of one count of deviate sexual assault and sentenced to five years imprisonment. He now appeals that conviction, alleging that several improper comments made by a prospective juror tainted the entire panel and that the State made inappropriate statements during closing argument. Neither of these two points has merit. The trial court did not err in denying Fischer’s request for a mistrial made after the prospective juror’s purportedly improper comments. Moreover, the trial court did not plainly error in failing to sua sponte declare a mistrial during the State’s closing argument. We, therefore, affirm the conviction.

Rule 30.25(b).

State v. Fischer, 241 S.W.3d 875, 2008 Mo. App. LEXIS 20, 2008 WL 73296 (Mo. Ct. App. 2008).

Pincite

241 S.W.3d 875 (State v. Fischer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.