Section 20.19 Doctrine of Fundamental Unfairness

• Library: Criminal Practice 2012 Supp

J. (§20.19) Doctrine of Fundamental Unfairness

The Supreme Court of Missouri has recognized a category of situations in which a conviction may be reversed simply because of the fundamentally unfair nature of something that occurred during the trial even though no constitutional violation occurred.

This doctrine has frequently been invoked when a prosecuting attorney has withheld information from the defense counsel. See:

· State v. Scott, 479 S.W.2d 438 (Mo. banc 1972)

· State v. Aubuchon, 381 S.W.2d 807...