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STATE v. CLEVENGER

No. WD 68933.

289 S.W.3d 626 (2009)

STATE of Missouri, Respondent, v. James R. CLEVENGER, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 2, 2009.

Application for Transfer Denied September 1, 2009.

Attorney(s) appearing for the Case

Frederick J. Ernst, Esq., Kansas City, MO, for appellant.

Shaun J. Mackelprang, Esq., and Jamie Pamela Rasmussen, for respondent.

Before Division One: LISA WHITE HARDWICK, Presiding Judge, THOMAS H. NEWTON, Chief Judge, and JAMES E. WELSH, Judge.

LISA WHITE HARDWICK, Judge.

James Clevenger appeals his convictions for second-degree domestic assault and violation of an order of protection. He contends the circuit court prejudicially erred in allowing a Petition for Order of Protection to be published to the jury because the petition contained hearsay allegations about prior assaults. For reasons explained herein, we reverse and remand.

FACTUAL AND PROCEDURAL HISTORY

Clevenger began a romantic...

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