Driver’s License: DWI - Probable Cause - Operated Vehicle 
Bouillon v. Director (MLW No. 60362/Case No. ED93129 - 8 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.)
Where an officer arrested a man standing beside his car at a gas station after a call from a witness reporting the man to be drunk and the officer observed the man’s bloodshot eyes, swaying, mumbled speech [...]
Criminal Law: Sentencing - Persistent Offender
State v. Williams (MLW No. 60367/Case No. ED92466 - 3 pages) (Missouri Court of Appeals, Eastern District, Mooney, J.)
Where the state did not show that a defendant qualified as a persistent offender for sentencing purposes, the trial court erred in entering a written judgment reflecting persistent offender status, and the judgment must be modified to [...]
Criminal Law: Post-Conviction Relief - Timeliness
Belfield v. State (MLW No. 60361/Case No. ED93559 - 4 pages) (Missouri Court of Appeals, Eastern District, Odenwald, P.J.)
Where a defendant argued that he filed a timely but unverified motion for post-conviction relief, his allegations were not supported by the record, and the court properly denied the motion.
Judgment is affirmed.
Belfield v. State (MLW No. 60361/Case [...]
Criminal Law: Persistent Offender Status - Defendant’s Admissions - Stealing
State v. Page (MLW No. 60364/Case No. ED92706 - 12 pages) (Missouri Court of Appeals, Eastern District, Odenwald, P.J.)
Where a defendant admitted his prior felony convictions on the record at his prior and persistent offender hearing, his own admissions were a sufficient basis for the trial court to find him to be a prior and [...]
Criminal Law: Burglary – Stealing - Sufficiency Of Evidence
State v. Gibbs (MLW No. 60365/Case No. ED92690 - 9 pages) (Missouri Court of Appeals, Eastern District, Odenwald, P.J.)
Even though a defendant convicted of second-degree burglary was not arrested with any burglary tools or carrying bags and a jury acquitted him of a stealing charge, a jury reasonably could have found that the defendant entered [...]
Civil Practice: Settlement - Enforcement - Prejudgment Interest
Good Hope Missionary Baptist Church v. St. Louis Alarm Monitoring Company, Inc. (MLW No. 60366/Case No. ED92566 - 11 pages) (Missouri Court of Appeals, Eastern District, Crane, P.J.)
Where parties that moved to enforce a high-low settlement agreement disagreed about whether the agreement included prejudgment interest and whether their attorneys’ authority to settle was restricted, the [...]
Civil Practice: Forum Selection - Tort Claim
Jitterswing, Inc. v. Francorp, Inc. (MLW No. 60363/Case No. ED93045 - 4 pages) (Missouri Court of Appeals, Eastern District, Richter, J.)
Where plaintiff brought a tort action in Missouri claiming that defendant practiced law without a license, the trial court erred in enforcing a forum selection clause in the parties’ contract that designated Illinois as the [...]
Unemployment Compensation - Notice Of Appeal - Timeliness
Binkley v. Benfield (MLW No. 60326/Case No. ED94190 - 2 pages) (Missouri Court of Appeals, Eastern District, Romines, C.J.)
Where a claimant of unemployment benefits failed to file his notice of appeal within 20 days of the date that the decision of the commission became final, the notice was untimely and the appeal must be dismissed.
Appeal [...]
Criminal Law: Continuance - Witnesses - Transport Of Defendant
State v. Fassero (MLW No. 60329/Case No. ED92632 - 13 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.)
(1)Where a defendant in a child molestation case sought a continuance based on the late endorsement of witnesses, one of the witnesses was a victim and discovery had been provided to the defendant, so he could [...]
Criminal Law: First-Degree Murder - Competency - Deliberation
State v. Whitt (MLW No. 60330/Case No. ED92578 - 13 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.)
(1)Where a trial court thoroughly investigated the question of the competency of a defendant in a first-degree murder trial and the court had information that the defendant often exaggerated or feigned psychological symptoms, the court did [...]