Opinion

STATE OF MISSOURI, Plaintiff-Respondent v. ANGELA MEGAN GUINN

  • 453 S.W.3d 846
  • 2014 Mo. App. LEXIS 1351
Court
Missouri Court of Appeals
Filed
Dec 4, 2014
Status
Published
On the bench
Rahmeyer, Burrell, Lynch
Cited by
5 cases

holding additional legal basis contained only in argument section and not set forth in point relied not preserved for review

How later courts described this case

  • holding additional legal basis contained only in argument section and not set forth in point relied not preserved for review

Written by the judges who cited it.

The opinion

ON MOTION FOR REHEARING OR TRANSFER

Before Rahmeyer, Lynch, and Burrell, J.J.

PER CURIAM.

In her timely post-opinion Motion to Rehear or Transfer to the Missouri Supreme Court, Defendant claims that “[t]his Court erred in its ‘Factual and Procedural Background’ on page 2 of the opinion” in stating, “Trooper McDonald asked if he could step inside; Defendant agreed[.]” Defendant asserts in her motion that “[t]he record before this Court directly and irrefutable [sic] disputes these findings.” This assertion not only ignores our standard of review of the denial of a motion to suppress, as set forth on page 3 of our opinion, but it is factually incorrect. Lines 15 through 20 on page 69 of the trial transcript reflect that Trooper McDonald testified at Defendant’s trial as follows:

Q: And then after being greeted by her what happened next?

A: I explained to her my reason for being there and asked if I could step inside, to which she agreed, and I stepped just inside the doorway[.]”

(Emphasis added).'

Defendant’s motion is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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