Missouri Court of Appeals, Western District / Date unavailable
State of Missouri vs. Shane A. Duncan
Shane Duncan was convicted by a jury of three counts of abuse of a child and one count of second-degree domestic assault for injuries inflicted on his infant son. On appeal, Duncan argued the trial court committed plain error by failing to sua sponte find a double jeopardy violation for two of the child abuse charges. The appellate court affirmed the trial court's judgment, concluding that the record established separate offenses based on different methods of force and opportunities for Duncan to reconsider his actions, thus no double jeopardy violation was apparent.