JERRY L. EVANS, Defendant- Missouri Cases

Jerry L. Evans was convicted by a jury of statutory sodomy and rape of his minor daughter and sentenced to consecutive prison terms. On appeal, Evans argued the trial court plainly erred by allowing an unidentified speaker (potentially a juror) to request he reposition himself to better observe his facial expressions, and by redirecting this request to defense counsel. The Court of Appeals affirmed the judgment, finding that defense counsel waived review of the error by affirmatively suggesting a solution, that any error was not plain, and that Evans failed to demonstrate manifest injustice.