Missouri Lawyers Media » Court of Appeals, Western District

Criminal Law: Second-Degree Murder – Post-Conviction Relief – New Evidence

Ferguson v. State (MLW No. 61192/Case No. WD71264 – 30 pages) (Missouri Court of Appeals, Western District, Witt, J.)

Criminal Law: Probation Revocation – Maximum Term – Jurisdiction

Starry v. State (MLW No. 61189/Case No. WD71557 – 8 pages) (Missouri Court of Appeals, Western District, Witt, J.)

Criminal Law: Sentencing – Prison Term Calculation – Retrospective Application

Phillips v. Missouri Department of Corrections (MLW No. 61188/Case No. WD71587 – 7 pages) (Missouri Court of Appeals, Western District, Martin, J.)

Arbitration: Valid Agreement – Failure To Prove – Judicial Admission

M & I Marshall & Ilsley Bank v. Sader & Garvin, L.L.C., et al. (MLW No. 61190/Case No. WD71399 – 12 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.)

Administrative: Permit Application – Quarry Expansion – Judicial Review

Lake Ozark/Osage Beach Joint Sewer Board, et al. v. Missouri Department of Natural Resources, Land Reclamation Commission, et al. (MLW No. 61191/Case No. WD71299 – 11 pages) (Missouri Court of Appeals, Western District, Welsh, J.)

Western split widens over police-search cases

A U.S. Supreme Court ruling on police searches has opened an unusual rift on a Missouri appeals court.

Real Property: Quiet Title Action – Extrinsic Evidence – Notice

Robson v. Diem, et al. (MLW No. 61128/Case No. WD71084 – 14 pages) (Missouri Court of Appeals, Western District, Mitchell, J.)

Elections: Initiative Petition – Mootness

Busch, et al. v. Carnahan (MLW No. 61123/Case No. WD72257 – 4 pages) (Missouri Court of Appeals, Western District, Ellis, J.)

Domestic Relations: Child Support – Imputed Income – Retroactive Amount

Heck v. Heck (MLW No. 61126/Case No. WD71642 – 15 pages) (Missouri Court of Appeals, Western District, Martin, J.)

Domestic Relations: Child Support – Visitation Adjustment – Tax Exemption

Nevins v. Green (MLW No. 61125/Case No. WD71750 – 12 pages) (Missouri Court of Appeals, Western District, Howard, J.)

Corporate: Derivative Action – Requisite Number – Collateral Estoppel

McMahon, et al. v. Geldersma, et al. (MLW No. 61127/Case No. WD71515 – 9 pages) (Missouri Court of Appeals, Western District, Howard, J.)

Criminal Law: Vehicle Search – Good-Faith Exception – Appellate Case Law

State v. Kingsley (Case No. WD71799 – 8 pages)

Case challenges KC’s ‘smoking police’

A pending appeal could yell “Freeze!” to Kansas City’s “smoking police.”
In a case to be heard next month, the Missouri Court of Appeals Western District will consider if Kansas City’s Health Department has the authority to ticket people it catches violating the city’s smoking ordinance.
Attorney Jonathan Sternberg argues that when the Health Department’s three-person enforcement [...]

Public Utilities: Approval Of Merger – Offers Of Proof – Appearance Of Impropriety

State ex rel. Praxair, Inc., et al. v. Missouri Public Service Commission, et al. (MLW No. 61093/Case No. WD71340 – 20 pages) (Missouri Court of Appeals, Western District, Smart Jr., J.)
Where the Office of Public Counsel and industrial utility consumers argued that the Public Service Commission exceeded its authority in approving an acquisition of a [...]

Elections: Ballot Initiative Summary – Discovery – Puppy Mill Act

State ex rel. Humane Society of Missouri v. Beetem (MLW No. 61035/Case No. WD72661 – 7 pages) (Missouri Court of Appeals, Western District, Howard, J.)
Where a taxpayer challenged a summary statement for a ballot initiative petition for the Puppy Mill Cruelty Prevention Act as “insufficient and unfair,” a preliminary writ of prohibition is made absolute [...]

Driver’s License: CDL Disqualification – DWI – Conviction

Baber v. Director of Revenue (MLW No. 61092/Case No. WD71620 – 6 pages) (Missouri Court of Appeals, Western District, Smart Jr., J.)
Where a driver’s base driving privilege was suspended as the result of a DWI, and the driver did not appeal the suspension, the trial court erred in reversing the disqualification of the driver’s commercial [...]

Domestic Relations: Child Support – Emancipation – College Student

Paden v. Kerns (MLW No. 61094/Case No. WD71182 – 7 pages) (Missouri Court of Appeals, Western District, Ellis, J.)
Where a trial court found that a college student was emancipated for child support purposes because he was only enrolled in nine credit hours since he received a “W” for “withdrawal” in a three-hour course, the judgment [...]

Criminal Law: Burglary – Sufficiency Of Evidence – Unlawful Entry

State v. McGinnis (MLW No. 61096/Case No. WD69679 – 7 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)
Where a defendant entered the home of his friends after midnight through an unlocked door and falsely told the wife that her husband had been arrested although the defendant had really killed the husband, and the defendant [...]

Constitutional: Inmate Action – Personal Property – Mootness

Goldsby v. Lombardi (MLW No. 61090/Case No. WD72183 – 5 pages) (Missouri Court of Appeals, Western District, per curiam)
Where an inmate brought an action arguing that a statute authorizing the Department of Corrections to make rules is void for vagueness and as injunctive relief the inmate sought the return of his denim jacket, which was [...]

Appellate Practice: Transcript – Failure To File – Dissolution

Lemons v. Lemons (MLW No. 61095/Case No. WD71044 – 4 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.)
Where a husband representing himself in a dissolution failed to file a transcript of the trial, the appeal is dismissed for failure to provide a adequate record on appeal.
Appeal is dismissed.
Lemons v. Lemons (MLW No. 61095/Case No. [...]