Missouri Court of Appeals, Western District / Dec 26, 2018
State of Missouri vs. Justin Ray Webb
Justin Webb appealed his convictions for second-degree felony murder and first-degree child endangerment, for which he received consecutive sentences of thirty and seven years. Webb challenged the sufficiency of the evidence, the admission of post-mortem photographs, the admission of the victim's out-of-court statements to teachers, and his Eighth Amendment right to be free from cruel and unusual punishment due to a longer sentence than his co-perpetrator. The appellate court affirmed, finding sufficient evidence, declining to review the photo claim due to lack of exhibits, holding the victim's statements were not testimonial, and denying the sentencing claim for lack of preservation.