Missouri Court of Appeals, Western District / Apr 21, 2020
State of Missouri vs. Damon D. Marley
Damon Marley appealed his conviction for domestic assault in the second degree following a jury trial. Marley argued there was insufficient evidence of physical injury, that the verdict-directing instruction contained plain error by omitting an element and deviating from the pattern instruction, and that the trial court abused its discretion by denying a mistrial. The appellate court affirmed the conviction, finding sufficient evidence of physical injury, no manifest injustice from the instructional errors, and no abuse of discretion in denying the mistrial.