Missouri Court of Appeals, Western District / Date unavailable
State of Missouri vs. Johnathan Mosley
Johnathan Mosley appealed his convictions for multiple felonies, including domestic assault and armed criminal action. He argued the trial court plainly erred by adjudicating him a persistent offender under an unconstitutional statutory scheme and by failing to declare a mistrial due to the State's comments on his post-arrest silence. The appellate court affirmed, declining plain error review on the persistent offender issue because Mosley had agreed to the procedure. The court also found no Doyle violation, concluding the State's comments addressed Mosley's prior inconsistent statements, not his silence.