Missouri Court of Appeals, Western District / Sep 21, 2021
State of Missouri vs. David Paine
David Paine appealed his conviction for the class E felony of unlawful use of a weapon, arguing the trial court plainly erred by not sua sponte excluding evidence that he assisted Westport security in a nearby shooting prior to the charged incident. Paine contended this evidence was more prejudicial than probative and constituted improper propensity evidence. The appellate court affirmed the conviction, holding that Paine waived plain error review by discussing the evidence in his opening statement and by affirmatively stating "no objection" to its admission at trial.