Missouri Court of Appeals, Southern District / Apr 16, 2019
STATE OF MISSOURI, Plaintiff-Respondent v. MATTHEW SCOTT O'LEARY, Defendant-Appellant
Matthew Scott O'Leary appealed his convictions for second-degree rape and second-degree sodomy, arguing the trial court erred in accepting the verdicts because a juror's response during polling indicated a lack of concurrence or coercion. The defendant also claimed the trial court coerced the verdict by its questioning. The Southern District of Missouri affirmed the convictions, holding that the juror's responses did not indicate disagreement and the trial court's questioning was for clarification, not coercion. The court also noted the defendant's objection was neither timely nor specific.