{"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 Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"richard-leon-kerksiek","displayName":"Richard Leon Kerksiek","totalCases":1},"cases":[{"caseId":"moappwd:wd84784:2023-03-07","opinionId":"37cfd229-1e3d-5f30-8a66-81062fce4777","slug":"state-of-missouri-v-richard-leon-kerksiek-d84784","caseName":"State of Missouri \nvs. \nRichard Leon Kerksiek","caseNumber":"WD84784","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2023-03-07","year":2023,"display_summary":"Richard Kerksiek appealed his convictions for first-degree statutory sodomy and incest, arguing the trial court abused its discretion by excluding a defense witness due to a discovery violation. He also claimed plain error in the verdict-directing instructions for omitting the county where the charged acts occurred, alleging a fatal variance and a due process violation. The appellate court found no error, concluding the trial court properly excluded the witness and that the instructions, compliant with MAI, did not result in a due process violation. The judgment was affirmed.","primaryTopic":"criminal-procedure","topicSlugs":["criminal-procedure","jury-instructions","appellate-procedure","evidence","other"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=193106","detailUrl":"https://ott.law/missouri-courts/opinions/state-of-missouri-v-richard-leon-kerksiek-d84784","relatedPracticeAreas":[{"slug":"criminal-law","label":"Criminal Law","href":"/practice-areas/criminal-law","score":32,"source":"tag","evidence":["tag: criminal-law","topic: criminal-procedure"],"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":"respondent"}]}