STATE v. McMILIAN

No. WD 68123.

295 S.W.3d 537 (2009)

STATE of Missouri, Respondent, v. Blake D. McMILIAN, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 22, 2009.

Application for Transfer Denied November 17, 2009.


Attorney(s) appearing for the Case

Laura G. Martin, Esq., Kansas City, MO, for appellant.

Chris Koster, Esq., and Evan J Buchheim, Esq., Jefferson City, MO, for respondent.

Before ALOK AHUJA, P.J., THOMAS H. NEWTON, C.J., and HAROLD L. LOWENSTEIN, J.


ALOK AHUJA, Judge.

Blake McMilian appeals his conviction of murder in the first degree and forcible rape. He asserts six Points Relied On, in which he challenges: the sufficiency of the evidence; the court's instruction on juror note-taking; the qualifications of two prosecution witnesses to testify to the time lapse between the deposit of McMilian's sperm in the victim's vagina and her death; the admission of testimony that McMilian was identified as a suspect based...

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