Criminal Law: Victim Tampering - Sufficiency Of Evidence - Telephone Access 
State v. Brashier (MLW No. 60175/Case No. WD70077 - 6 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)
Where a defendant, who was charged with first-degree assault, burglary and victim tampering, pulled the telephone wires at the victims’ apartment before entering and attacking them, the state did not have to show, as argued by the [...]
Criminal Law: Terry Stop - Reasonable Suspicion - Presence At Drug Transaction
State v. Peery (MLW No. 60172/Case No. WD71070 - 12 pages) (Missouri Court of Appeals, Western District, Pfeiffer, P.J.)
Where a defendant argued that officers lacked reasonable suspicion for a Terry stop of his vehicle, the trial court’s grant of his motion to suppress drug evidence is reversed because the totality of the circumstances showed that [...]
Civil Practice: Order Of Protection - Attorney’s Fees - Non-Attorney
Afridi v. Auman (MLW No. 60174/Case No. WD70090 - 5 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.)
Where a non-attorney successfully defended himself in a proceeding brought by his landlord who sought an order of protection against him, the trial court properly denied the non-attorney’s motion for legal expenses because his personal legal research [...]
Tort: Defamation - Tortious Interference - Damages
Topper v. Midwest Division, Inc., et al. (MLW No. 60173/Case No. WD70323 - 21 pages)
Where a doctor who directed a neonatal group brought claims of defamation and tortious interference with contract after he was fired, misrepresentations of a doctor’s mortality rate can be sufficient to support a defamation claim and the doctor also showed that [...]
Witt appointed to Western District
After a tumultuous few years, the Missouri Court of Appeals Western District will soon be back to full staff. Judge Gary D. Witt [left] was appointed on Friday to fill the last open vacancy on the Kansas City-based state appeals court. It will be the first time in a year that the court will have all 11 judgeships filled.
Criminal Law: Sentencing - Prior Municipal Offense - DWI
State ex rel. Koster v. Jackson (MLW No. 60133/Case No. WD71165 - 9 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)
Even though a defendant who pleaded guilty to driving while intoxicated failed to challenge his sentencing as a persistent offender in a post-conviction proceeding, the defendant was entitled to habeas relief because under Turner [...]
Criminal Law: Post-Conviction Motion - Sentencing Reduction - Habeas Relief
Weir v. State (MLW No. 60134/Case No. WD70807 - 4 pages) (Missouri Court of Appeals, Western District, Welsh, P.J.)
Where a defendant filed a pro se motion for post-conviction relief seeking a reduction of his sentence for armed criminal action alleging insufficient evidence, the trial court properly found that it lacked the power to grant the [...]
Real Property: Wrongful Eviction - Sharecropper - Termination Notice
Hoffman v. Estate of Jack Siler (MLW No. 60106/Case No. WD70247 - 12 pages) (Missouri Court of Appeals, Western District, Smart, J.)
Where farmers who worked on a landowner’s property made all of the decisions about what, where and when to plant, performed all maintenance work and dealt with government agencies regarding subsidy programs, the trial [...]
Warrantless Search: Suppression Of Evidence - Expectation Of Privacy
State v. Kruse (MLW No. 60104/Case No. WD70481 - 13 pages) (Missouri Court of Appeals, Western District, Smart, J.)
Where officers entered defendant’s backyard at midnight without a warrant because they were looking for another man whose van was parked at the residence, the trial court did not err in finding that the defendant had a [...]
Civil Practice: Order Of Protection - Fear Of Harm
Binggeli v. Hammond (MLW No. 60103/Case No. WD70903 - 7 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.)
Where a woman who sought an order of protection under the Adult Abuse Act against her neighbor claimed she was afraid that the neighbor might cause her to lose her job but she did not show a [...]