Section 29.18 Constitutional Error

• Library: Criminal Practice 2012 Supp

D. (§29.18) Constitutional Error

The court will look most closely at errors that have risen to a constitutional standard, although it is no guarantee of reversal. In State v. Summers, 506 S.W.2d 67 (Mo. App. W.D. 1974), error was found when the trial court improperly restricted and curtailed cross-examination of the state’s major witness. The prosecutor’s reference to the defendant’s failure to testify is also looked on with disfavor and has been referred to as fundamental error. State v. McNeal, 517...