Section 11.5 Necessity for Hearing

• Library: Criminal Practice 2012 Supp

A. (§11.5) Necessity for Hearing

A defendant in a criminal case has a constitutional right to a judicial determination of the admissibility of pretrial statements. Jackson v. Denno, 378 U.S. 368 (1964); State v. Edwards, 30 S.W.3d 226, 231 (Mo. App. E.D. 2000). If the trial judge allows the statement to be considered by the jury without ruling on the voluntariness of the statement, the normal recourse by the appellate court will be to remand to the trial court to hold an evidentiary hearing to make that...