Scott Evan Weyant Missouri Cases

Scott Weyant appealed his conviction for first-degree sodomy, arguing the trial court plainly erred by submitting a disjunctive jury instruction defining "deviate sexual intercourse." Weyant claimed the instruction, which allowed the jury to find the act was for either sexual gratification or terrorizing the victim, violated MAI-CR 420.12 and destroyed jury unanimity. The appellate court affirmed, holding that in a "single act" case with substantial evidence supporting both disjunctive purposes, such an instruction does not impact jury unanimity as long as the jury agrees on the ultimate issue of guilt.