Section 29.19 Abuse of the Trial Court’s Discretion

• Library: Criminal Practice 2012 Supp

E. (§29.19) Abuse of the Trial Court’s Discretion

One of the most difficult areas to challenge on appeal is a decision that involves the trial court’s discretion. See:

· State v. Edwards, 31 S.W.3d 73, 77 (Mo. App. W.D. 2000) (the trial court is vested with broad discretion to admit evidence at trial, and the appellate court will reverse if this discretion was clearly abused)

· State v. Maynard, 954 S.W.2d 687, 691 (Mo. App. W.D. 1997) (the review of a trial court’s ruling during closing argument is for abuse of discretion; under this standard, a trial court will be reversed only when the argument is plainly unwarranted)

· State v. Coleman, 954 S.W.2d 1, 4 (Mo. App. W.D. 1997) (an abuse of discretion exists when reasonable persons could not differ as to the propriety of the action taken by the trial court)

In some areas, such as probation or parole, the appellate courts simply refuse to review or revise a trial court’s decision. State v. Cody,
525 S.W.2d 333 (Mo. banc 1975); Smith v. State, 517 S.W.2d 148
(Mo. 1974). The courts also will generally reject any challenge to enforce the uniformity of sentencing or any question concerning the severity of a sentence when it is within the bounds prescribed by statute. State v. Gaye, 532 S.W.2d 783 (Mo. App. E.D. 1975); State v. Booker, 517 S.W.2d 937 (Mo. App. E.D. 1974). A sentence based on mistaken information by the...