{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"ricarte-soliben-defendant","displayName":"RICARTE SOLIBEN, Defendant-","totalCases":1},"cases":[{"caseId":"moappsd:sd36600:2021-02-01","opinionId":"4f2efd8c-fb44-514a-9c51-9f4ecde02453","slug":"state-of-missouri-plaintiff-respondent-v-ricarte-soliben-defendant-appell-d36600","caseName":"STATE OF MISSOURI, Plaintiff-Respondent\nvs.\nRICARTE SOLIBEN, Defendant-Appellant","caseNumber":"SD36600","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2021-02-01","year":2021,"display_summary":"Ricarte Soliben appealed his convictions for third-degree and fourth-degree domestic assault following a jury trial. He challenged the sufficiency of the evidence, the denial of his motion for a new trial based on prosecutorial misconduct and spoliation of evidence, and the trial court's decision to instruct the jury on a lesser-included offense. Soliben also argued that his motions should have been treated as post-conviction relief motions. The appellate court affirmed the trial court's judgment, finding sufficient evidence for the convictions, no plain error or abuse of discretion in denying the new trial motion, and no error in the jury instruction or the handling of his motions.","primaryTopic":"criminal-procedure","topicSlugs":["criminal-procedure","evidence","jury-instructions","appellate-procedure","standard-of-review"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=173093","detailUrl":"https://ott.law/missouri-courts/opinions/state-of-missouri-plaintiff-respondent-v-ricarte-soliben-defendant-appell-d36600","relatedPracticeAreas":[{"slug":"criminal-law","label":"Criminal Law","href":"/practice-areas/criminal-law","score":36,"source":"tag","evidence":["tag: criminal-law","topic: criminal-procedure","text: state of missouri","text: conviction"],"url":"https://ott.law/practice-areas/criminal-law"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","evidence":["topic: jury-instructions","topic: evidence","topic: appellate-procedure"],"url":"https://ott.law/practice-areas/litigation"}],"role":"appellant"}]}