Section 16.3 Appeals

• Library: Evidence 2017

C. (§16.3) Appeals

The admission of hearsay evidence requires reversal if it was prejudicial. Saint Louis Univ. v. Geary, 321 S.W.3d 282, 292 (Mo. banc 2009). The review on appeal may be decided by whether the improperly admitted evidence was cumulative or was admitted without a proper objection. See 33 William A. Schroeder, Missouri Practice, Courtroom Handbook On Missouri Evidence § 802 (2016). See, e.g., the discussion in State v. Ellis, No. WD 78436, 2016 WL 7438738, at *9–10 (Mo. App. W.D. Dec. 27, 2016) (discussing the different standards for determining whether prejudice exists depending on whether the complaint involves evidence admitted or excluded)...