Missouri Court of Appeals, Southern District / Feb 19, 2021
STATE OF MISSOURI, Respondent vs. TIMOTHY M. KLEESCHULTE, Appellant
Timothy M. Kleeschulte appealed his conviction for second-degree domestic assault, challenging the trial court's admission of evidence. He argued that the officer's testimony and a 911 recording contained inadmissible hearsay and violated his Confrontation Clause rights. The appellate court affirmed the conviction, holding that the challenged statements were admissible under the excited-utterance and prior inconsistent statement exceptions to hearsay, and that the Confrontation Clause was not violated because the declarants testified and were subject to cross-examination. The court also declined plain error review for an unpreserved Confrontation Clause claim.