Missouri Court of Appeals, Western District / Nov 13, 2018
State of Missouri vs. James N. Rhymer
James N. Rhymer appealed his convictions for second-degree murder, first-degree assault, kidnapping, and three counts of armed criminal action. He challenged the sufficiency of evidence for the kidnapping and one associated armed criminal action count, and alleged plain error in the jury instruction for kidnapping. The appellate court affirmed the murder, assault, and two armed criminal action convictions. However, it reversed the kidnapping and the related armed criminal action convictions, remanding for a new trial on those counts due to the instructional error that lowered the State's burden of proof.