Daniel W. Irwin Missouri Cases

Daniel W. Irwin appealed his conviction for five counts of second-degree child molestation. He argued the trial court erred by admitting the out-of-court testimony of a Children's Division investigator, claiming she was not truly unavailable and he was denied an effective opportunity for cross-examination. Irwin also contended the verdict directors for two counts failed to sufficiently differentiate the alleged acts, violating his right to a unanimous jury verdict. The Eastern District of the Missouri Court of Appeals affirmed the judgment, finding the witness was unavailable and Irwin had an effective opportunity to cross-examine her, and that the jury instructions adequately differentiated the acts and ensured unanimity.