(Download) "State Missouri v. Kenneth Mishler" by Southern District, Division One Court of Appeals of Missouri # Book PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Kenneth Mishler
- Author : Southern District, Division One Court of Appeals of Missouri
- Release Date : January 01, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Kenneth Mishler (Defendant) appeals his jury conviction and three-year sentence for the class C felony of possession of a controlled substance in violation of § 195.202, RSMo 1994. He alleges that the evidence was insufficient to support the conviction, and that the State was permitted to make improper remarks during closing argument. At 9:00 p.m. on December 17, 1993, Granby police officer Scott Whitman stopped a 1985 Pontiac for speeding and failing to keep to the right. Defendant was the driver and sole occupant of the vehicle, which was registered to a person Defendant identified as the grandmother of a friend from whom he had borrowed the car six hours earlier. Two other officers arrived while Officer Whitman was awaiting the results of a computer check concerning the validity of Defendant's driver's license and the existence of any outstanding warrants. When Officer Whitman went back to speak with the other officers, he noticed that Defendant leaned over toward the passenger side of the vehicle so that he was completely out of sight. The officer went back to the Pontiac and asked Defendant to ""stay still"" while he waited for the computer verification. He also asked Defendant to relax because he was ""very nervous, and acting hyperactive."" Whitman returned to the other officers, but noticed that Defendant had again leaned over toward the passenger side of the vehicle, and again went completely out of sight. Whitman ""ran back up to [Defendant's] car, and . . . demanded that he stay in a position that [he] could at all times see him.""
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