Missouri Court of Appeals, Southern District / Apr 5, 2022
STATE OF MISSOURI, Plaintiff-Respondent vs. LUTHER JOHN CHRISTIANSON, JR., Defendant-Appellant
Luther John Christianson, Jr. was convicted of misdemeanor domestic assault and felony child abuse/neglect following a bench trial. He appealed, arguing the trial court erred by admitting a 911 call recording, which he claimed contained inadmissible hearsay and violated the Confrontation Clause. The appellate court affirmed the convictions, finding the recording admissible under the excited utterance exception and as a prior inconsistent statement, and that the Confrontation Clause was not violated. However, the court remanded the case for the trial court to correct clerical errors in the judgment regarding the verdicts on other counts.