Missouri Court of Appeals, Southern District / Jun 9, 2020
STATE OF MISSOURI, Plaintiff-Respondent v. MICHAEL GILES, JR., Defendant-Appellant
Michael Giles, Jr. was found guilty of third-degree kidnapping and third-degree assault. During the penalty phase, the jury recommended maximum sentences, which the trial court imposed. On appeal, Giles claimed the trial court plainly erred by allowing certain evidence during the penalty phase. The appellate court declined plain-error review, finding that Giles could not demonstrate the necessary prejudice for reversal, as judges are presumed not to consider improper evidence when sentencing.