Missouri Court of Appeals, Eastern District / Nov 19, 2024
State of Missouri, Respondent, vs. Douglas Berkey, Appellant.
Douglas Berkey appealed his convictions for statutory sodomy, child molestation, and endangering the welfare of a child, arguing the circuit court erred by denying his motion for a mistrial. Berkey claimed a jury panel member's comment about his prior incarceration revealed an unrelated conviction and compelled him to testify. The appellate court affirmed the judgment, concluding Berkey failed to prove the comment referred to an unrelated conviction and that he voluntarily waived his right to remain silent after a thorough colloquy with the court.