MOUSE v. STATE

No. 24700.

90 S.W.3d 145 (2002)

Nicholas MOUSE, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Petition for Rehearing and Transfer Denied October 25, 2002.

Application for Transfer Denied December 24, 2002.


Attorney(s) appearing for the Case

James R. Wyrsch, Charles M. Rogers, David A. Kelly, Wyrsch, Hobbs & Mirakian, P.C., Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Stephanie Morrell, Asst. Atty. Gen., Jefferson City, for respondent.


JAMES K. PREWITT, Presiding Judge.

Nicholas Mouse ("Movant") appeals the denial of his Rule 29.15 motion following an evidentiary hearing on the matter. Movant was charged by information with the class A felony of assault in the first degree, § 565.050, RSMo Supp.1995. His first trial resulted in a mistrial.

At the second jury trial, the State filed, and the trial court sustained, a motion in limine to exclude expert testimony regarding Movant's alleged...

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