Failure to disclose complaining witness's criminal history was Brady violation.  Jason Merriweather, Respondent v. State of Missouri, Appellant, No. 89846 (Mo. banc, September 1, 2009), Wolff, J.

State's appeal of the grant of Petitioner's motion for post-conviction relief pursuant to Rule 29.15.

Held:  Affirmed.   There was no evidence that the state intentionally failed to disclose the witness's criminal history.  Even so, the failure deprived the Petitioner of his right to a fair trial.

Editor:
Rosalynn Koch, Esquire

Defendant's threat to get her son back was sufficient to cause him emotional abuse.  State of Missouri, Respondent v. Alta Renee Moran, Appellant, No. 69397 (Mo. App. W.D., September 29, 2009), Pfeiffer, J.

While under court orders preventing her from having contact with her son, defendant saw him and shouted, "I'll get you back!"  After this her son became withdrawn and stopped playing outside.  Defendant was convicted of violation of a child protection order in that she abused her son when she yelled at him.

Held:  Affirmed.  RSMo Section 455.501 defines abuse to include emotional abuse.  The legislature has not defined emotional abuse; other states have defined the term to include the concept of injury to psychological capacity or emotional stability of a child demonstrated by an observable or substantial change of behavior; or anxiety, depression, withdrawal or aggressive behavior.  Defendant's son became fearful that she would regain custody of him, was visibly upset, and became more withdrawn after the incident.

Trial court's interlocutory order sustaining a defense motion to dismiss or to suppress evidence for a discovery violation was not appealable, although the state could request a writ of prohibition.  State of Missouri, Appellant v. Jeffrey Luke Moad, Respondent, No. 70527 (Mo. App. W.D., September 29, 2009), Pfeiffer, J.

Defendant was charged with involuntary manslaughter after an automobile accident in which the victim was killed.  The authorities released the car to the victim's family before the defense had an opportunity to independently examine it as to who had been driving.  The defense requested state records prescribing the procedure for releasing vehicles but the state failed to produce any.  The court consequently granted a defense motion to dismiss or to suppress any evidence relating to the vehicle.  The state appealed.

Held:  Appeal dismissed.  Suppression of evidence is a proper sanction for evidence that has been illegally obtained.  The trial court's order was a discovery sanction, not a suppression order, and therefore it was not appealable.  The state could petition for a writ of prohibition, which lies when there is an important question of law decided erroneously that would otherwise escape review.