Peremptory strike’s purpose is to give effect to “a subjective evaluation of the honesty and accuracy of the statement of the venireperson’ and appellant did not show that any of the grounds are pretextual for Batson purposes. Display of a deadly weapon does not require victim’s sight of it. Victim’s perception of object like gun barrel pressed to head, neck or cheek constitutes a threatening manner. No one can be punished more than once for the same offense, but multiple offenses may exist in one course of conduct. “If the defendant has an opportunity to reconsider his actions, each assault separated by time is considered a separate offense.” Evidence of impact on victims was relevant to element of forcible compulsion and, though emotionally compelling, admitting it was not error.
State of Missouri vs. Bernard Jackson
Courtesy of the Missouri Bar.
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