State v. Ellison

239 S.W.3d 603 (Mo. 2007)

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Nature of the Case

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Facts

One day during the summer of 2003, D was watching the child while Tena and the mother were at work. Ellison asked the child to go into the bedroom, where he engaged in sexual intercourse with the child, despite her repeated requests that he stop. The child testified that she did not tell anyone for a year following the first incident because D threatened to kill her if she told. D often made inappropriate sexual advances, sometimes by showing the child pornography and masturbating in front of her. D ejaculated in the child's presence and asked her to drink his ejaculate. Ellison had vaginal intercourse with the child a number of times. D was charged with child molestation. At trial P entered a certified copy of D's conviction for the class C felony of sexual abuse in the first degree of a 13-year-old girl. D filed a pretrial motion in limine asking the trial court to enter an order in limine prohibiting the state or any witness from referring to or offering evidence of that prior conviction. D also objected at trial to the admission of the prior conviction as more prejudicial than probative. D was overruled.