State v. Kenner

Missouri Court of Appeals

Decided January 11, 1983

Missouri Court of Appeals · decided 1983-01-11

Relies on State v. Miller · State v. Moon

Good law ✅— No negative treatment on recordhow we know

Decided 1983-01-11

How this case has been cited

Cited by 8 later decisions — most recently June 2004

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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CRANDALL, Presiding Judge,

¶1concurring.

¶2I concur with the result reached by the majority. The admission into evidence of appellant’s drug usage and State’s Exhibits 27 and 28 was clearly improper and constituted prejudicial error. Prejudicial error and plain error, however, are not synonymous terms. State v. Miller, 604 S.W.2d 702, 706 (Mo.App.1980). The power to review sua sponte for plain error is rarely exercised and properly so. State v. Moon, 602 S.W.2d 828, 837 (Mo.App.1980). I concur with the majority only because of the rare application of Rule 30.20 and because of the overwhelming admissible evidence in this case.