Missouri Court of Appeals, Western District / Mar 7, 2023
State of Missouri vs. Richard Leon Kerksiek
Richard Kerksiek appealed his convictions for first-degree statutory sodomy and incest, arguing the trial court abused its discretion by excluding a defense witness due to a discovery violation. He also claimed plain error in the verdict-directing instructions for omitting the county where the charged acts occurred, alleging a fatal variance and a due process violation. The appellate court found no error, concluding the trial court properly excluded the witness and that the instructions, compliant with MAI, did not result in a due process violation. The judgment was affirmed.