Missouri Court of Appeals, Southern District / Jul 16, 2020
STATE OF MISSOURI, Respondent vs. LARRY RAY JAMES, SR., Appellant
Larry James was found guilty of first-degree child molestation. On appeal, James argued the trial court erred by refusing to submit a limiting jury instruction regarding the victim's recorded forensic interview, contending that section 492.304, under which the interview was admitted, does not explicitly allow such evidence to be treated as substantive evidence. The appellate court affirmed the trial court's judgment, holding that the plain language of section 492.304 does not limit the purpose for which admitted evidence can be used, and section 491.075 cannot be used to impose such limits.