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STATE OF MISSOURI vs. CARY L. BANEY
Case Number: ED104363
Judge: James M. Dowd
Court: MISSOURI COURT OF APPEALS EASTERN DISTRICT
Plaintiff's Attorney: n
Daniel N. McPherson
Description: Cary L. Baney, a chiropractor, was found guilty by a jury in the circuit court of Montgomery County of one count of deviate sexual assault arising out of the unwelcome touching by Baney of a female patient’s genitals with his hand during an office visit in August 2013. Baney was sentenced to five years’ imprisonment. Baney appeals, asserting three points of error: (1) that the trial court erred in denying his amended motion for a new trial based on the post-trial discovery that C.P. (“Victim”) was seeking a monetary settlement from Baney’s insurance company because the new evidence would likely result in Baney’s acquittal; (2) that the trial court erred in denying his motion for a new trial because a comment made by prospective juror number thirty-eight (“Prospective Juror 38”) during voir dire tainted the panel and the State used the prejudicial comment in closing argument to improperly prejudice the jury against Baney; and (3) that the trial court erred in denying his motions for judgment of acquittal because the State failed to adduce sufficient, credible evidence to make a submissible case.