Missouri Court of Appeals, Western District / Apr 29, 2025
State of Missouri vs. Daniel R. Overstreet
Daniel Overstreet appealed his convictions for multiple counts of first-degree statutory sodomy and attempted sodomy, arguing the circuit court plainly erred by giving shortened reminder recess instructions to the jury on three occasions. He claimed this error violated his rights to due process and a fair and impartial jury. The appellate court affirmed the judgment, concluding that Overstreet failed to demonstrate manifest injustice or a miscarriage of justice because his claim of prejudice was speculative and the jury had received the full instruction multiple times.