TERRY RUFF’S CONVICTION FOR CHILD MOLESTATION IN THE SECOND DEGREE AFFIRMED BY THE COURT OF APPEALS

The Christian County Prosecuting Attorney’s Office announced today that the conviction of Terry W. Ruff, dob:  10/22/1991, of Ozark, Missouri was affirmed by the Court of Appeals on January 19, 2012.  Ruff was found guilty after a jury trial presided over by Judge Larry Luna on December 7, 2010 of child molestation in the second degree.

Oral arguments were heard at the Court of Appeals, Southern District, on January 10, 2012.  Assistant Prosecuting Attorney Janette Bleau prepared the State’s brief and argued the State’s position at the Court of Appeals.

Ruff appealed his conviction raising two points: (1) the videotaped interview of Ruff at the Ozark Police Station by Detective Southard was a result of an unlawful seizure and (2) his waiver of his Miranda rights was unknowing and voluntary.  The Court of Appeals ruled that Point 1 had not been preserved for appeal because during the trial the defense attorney did not object to the video tape as being a result of an unlawful seizure.  On Point 2, the Court of Appeals ruled that Ruff’s waiver of his Miranda Rights was knowing and voluntary.

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