State ex rel. Kendrick Tipler v. The Honorable Michael Gardner

The court quashed its preliminary writ of prohibition to consider relator's claim that the new rule of evidence set forth in the 2014 amendment to article I, section 18(c) of the Missouri Constitution could not be applied in his upcoming trial because the crimes with which he is charged occurred before the effective date of that constitutional amendment. The court held that article I, section 18(c) applies to all trials occurring on or after the effective date of the amendment, regardless of when the crimes are alleged to have occurred; claims that the trial court applied this new rule of evidence improperly, or that a proper application of this rule nevertheless violates the defendant’s substantive rights under the state or federal constitutions, are not before the court in this proceeding; and such objections must be properly raised and preserved during trial and properly presented on appeal if the defendant is convicted. View "State ex rel. Kendrick Tipler v. The Honorable Michael Gardner" on Justia Law