Supreme Court of Missouri / Apr 1, 2025
AppellantAnthony Tate appealed his convictions for two counts of first-degree assault, challenging the sufficiency of the evidence and alleging plain error by the circuit court. Tate contended the court erred by not issuing a corrective instruction regarding the State's closing argument and by not striking portions of a witness's testimony as inadmissible hearsay. The Supreme Court of Missouri affirmed the circuit court's judgment, finding sufficient evidence to support the assault convictions and no plain error in the unpreserved claims.
Missouri Court of Appeals, Eastern District / May 28, 2024
AppellantAnthony Tate appealed his jury convictions for first-degree murder, assault, and weapon charges stemming from a drive-by shooting. The appellate court granted Points One and Two, finding the State failed to present sufficient evidence that two victims suffered "serious physical injury" to support class A felony first-degree assault convictions. The court denied Tate's plain error claims in Points Three and Four, concluding he did not demonstrate manifest injustice regarding the State's acquittal-first closing argument or a detective's alleged hearsay testimony. Accordingly, the court affirmed the judgment in part, reversed the class A felony assault convictions, entered class B felony assault convictions, and remanded for resentencing.