State v. Kearney, 549 S.W.3d 471 (2018)

June 19, 2018 · Missouri Court of Appeals, Western District · WD 80325

549 S.W.3d 471

STATE of Missouri, Respondent,
v.
Sarah S. KEARNEY, Appellant.

WD 80325

Missouri Court of Appeals, Western District.

ORDER FILED: JUNE 19, 2018

Julia E. Neidhardt, Jefferson City. MO, Counsel for Respondent.

Carol D. Jansen, Columbia, MO Counsel for Appellant.

Before Division Two: James Edward Welsh¹ , Presiding Judge, Alok Ahuja, Judge, Anthony Rex Gabbert, Judge

ORDER

1 Judge Welsh retired as an active member of the court on April 1, 2018, after oral argument in this case. He has been reassigned by the Chief Justice of the Missouri Supreme Court to participate in this decision as a Senior Judge.

Per Curiam:

Sarah Kearney appeals her conviction and sentence for possession of a controlled substance, Section 195.202, RSMo 2015, and for tampering with physical evidence, Section 557.100, RSMo. 2015. She argues the trial court erred by denying her motion for a mistrial. First, she argues the trial court abused its discretion, because the court did not require the State to rebut a presumption of prejudice resulting from juror misconduct. Second, Kearney requests plain error review, arguing the court's comments following witness testimony resulted in juror prejudice that was manifestly unjust. We affirm. Rule 30.25 (b).