Section 29.17 Appellant’s Burden of Persuasion

• Library: Criminal Practice 2012 Supp

C. (§29.17) Appellant’s Burden of Persuasion

One of the major differences between trial practice and appellate practice is the burden that is placed on the respective parties. At the appellate level, the burden of the appellant has generally been referred to as “substantial” and “heavy.” See:

· State v. Nolan, 499 S.W.2d 240 (Mo. App. E.D. 1973)

· State v. Newhart, 503 S.W.2d 62 (Mo. App. W.D. 1973)

· United States v. Phillips, 433 F.2d 1364 (8^th Cir. 1970), cert. denied, 401 U.S. 917 (1971)

· State v. Chase, 444 S.W.2d 398 (Mo. banc 1969)

In general, all evidence, although conflicting, must be viewed and accepted in the light most favorable to the verdict that was...