Missouri Court of Appeals, Southern District / Apr 14, 2023
STATE OF MISSOURI, Plaintiff-Respondent v. KENNETH L. LIVINGSTON, Defendant-Appellant
Kenneth Livingston appealed his convictions for murder and assault, arguing the trial court improperly admitted audio recordings of conversations with his wife and expert testimony on domestic abuse. Livingston contended the recordings were protected by marital privilege and the expert testimony lacked evidentiary basis. The appellate court affirmed the convictions, holding that marital privilege did not apply to threats of future crime or when the marriage was effectively over, and that sufficient evidence of domestic violence existed to support the expert testimony.