Constitutional Questions

• Library: Objections Guidebook (2022 Ed.)

Constitutional Questions

· Constitutional questions can arise concerning the statute under which the charge is made against the defendant and can also relate to such claims as denial of speedy trial, denial of counsel, double jeopardy, the sentence, and the like. Motions of this sort are brought under Rule 24.04. Failure to file or present evidence concerning such motions will result in their waiver. Rule 24.04(b)(2).

· In State v. Harms, 507 S.W.2d 29 (Mo. App. E.D. 1974), the court stated:

[T]o invoke appellate review of a constitutional question four requirements must be satisfied, i.e., (1) the constitutional question must have been raised at the first opportunity, (2) the constitutional provision claimed to have been violated must have been designated specifically, either by explicit reference to the article and sections or by quotation of the provision, (3) the facts showing such violation must have been stated, and (4) the constitutional question must have been presented throughout for review, including presentation in the motion for new trial and adequate coverage in the appellate briefs. Ragan v. Ragan, Mo. App., 315 S.W.2d 142, 148(4); quoted in Kelch v. Kelch, 450 S.W.2d 202, 206 (Mo. 1970).

Id. at 31; see also Fowler v. Mo. Sheriffs’ Ret. Sys., 623 S.W.3d 578, 582 (Mo. banc 2021).

· The constitutional question must be raised at the earliest opportunity and must be presented in the motion for new trial and adequately covered in the brief on appeal. State v. Harms, 507 S.W.2d 29, 31 (Mo. App. E.D. 1974).

· Constitutional questions should be raised on both federal and state grounds. State v. Davis, 469 S.W.2d 1 (Mo 1971); University City v. Dively Auto Body, 417 S.W.2d 107 (Mo. banc 1967).

Dealing With Limitations On Voir Dire Imposed by Trial Court

· State v. Clark, 981 S.W.2d 143 (Mo. banc 1998):

- Trial court’s restriction on voir dire questioning denied defendant right to fair and impartial jury under Sixth and Fourteenth Amendments of the United States Constitution and Article I, § 18(a), of the Missouri Constitution.

- Trial court did not allow defense counsel to ask how “age of victim” would affect jurors.

- In general, liability insurance coverage is not admissible to establish negligence or wrongdoing. But the “insurance question” may be asked in voir dire, as an exception to exclusionary rule on insurance, to establish a financial interest by the prospective juror. See the procedure detailed in Ivy v. Hawk, 878 S.W.2d 442, 444–45...