Section 10.45 Preservation for Appellate Review

• Library: Criminal Practice 2012 Supp

A. (§10.45) Preservation for Appellate Review

Grounds asserted on appeal are limited to those stated at trial; the litigant is not permitted to broaden the objection the litigant presented to the trial court and may not rely on a theory different from the one offered at the trial. State v. Herrick, 814 S.W.2d 660 (Mo. App. S.D. 1991).

To properly preserve the issue of identification for appellate court review, the defendant must file a pretrial motion to suppress the identification, and a hearing must be held before trial. Section 542.296, RSMo 2000. The practice of taking the motion with the case should not be followed. State...