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STATE v. DUHART

WD 85725.

676 S.W.3d 501 (2023)

STATE of Missouri, Respondent, v. James D. DUHART, Appellant.

Missouri Court of Appeals, Western District.

Filed: October 17, 2023.

Attorney(s) appearing for the Case

Katharine P. Curry , Columbia, MO, for Appellant.

Anjali Ghandi , Jefferson City, for Respondent.

Before Division Three: Karen King Mitchell, P.J., and Alok Ahuja and Edward R. Ardini, Jr., JJ.

ORDER

Following a bench trial in the Circuit Court of Cole County, James Duhart was convicted of the class A misdemeanor of assault in the fourth degree under § 565.056, RSMo. Duhart appeals. He argues that the circuit court should have drawn an adverse inference against the State, pursuant to the spoliation doctrine, because...

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