Missouri Court of Appeals, Eastern District / Aug 1, 2023
State of Missouri, Respondent, vs. Herbert Welch, Appellant.
Herbert Welch appealed his convictions for first-degree statutory rape, first-degree statutory sodomy, and first-degree child molestation, arguing the trial court erred by not sua sponte granting a mistrial, issuing a limiting instruction, or further redacting his police interview video. The appellate court affirmed the judgment, finding that Welch affirmatively waived his right to appellate review by stating "no objection" to the video's admission at trial. Alternatively, the court determined that even under plain error review, Welch failed to demonstrate manifest injustice because the detectives' statements provided context to his responses, and other evidence strongly supported the verdict.