Missouri Court of Appeals, Eastern District / Aug 13, 2024
State of Missouri, Respondent, vs. Calvin Pittman, Appellant.
Calvin Pittman appealed his convictions for voluntary manslaughter, armed criminal action, and unlawful use of a weapon, arguing the State made impermissible burden-shifting comments during closing arguments. The circuit court overruled his objections. The Eastern District of the Missouri Court of Appeals affirmed the judgment, holding that the prosecutor's comments constituted permissible commentary on witness credibility and did not shift the burden of proof. The court further found that even if the comments were improper, they did not have a decisive effect on the jury, which was properly instructed on the State's burden of proof and witness credibility.