Free Newsletter
Criminal Law : ‘Fugitive From Justice’ – Ambiguity – Dismissal Of Charge
Stephanie Maniscalco//April 21, 2016
Criminal Law : ‘Fugitive From Justice’ – Ambiguity – Dismissal Of Charge
Stephanie Maniscalco//April 21, 2016
Where the state charged a defendant with unlawful possession of a firearm and alleged that she was a “fugitive from justice” because she failed to appear for a court hearing, the trial court’s dismissal of the charge is affirmed because the phrase “fugitive from justice” in Section 571.070 was ambiguous, and the rule of lenity required the statute to be construed liberally in favor of the defendant.
Judgment is affirmed.
State v. Chase (MLW No. 69059/Case No. WD78595 – 9 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Jackson County, Powell, J. (Karen L. Kramer, Jefferson City, for appellant) (John M. Tomberlin and S. Kate Webber, Kansas City, Missouri, for respondent).
Read the full text of this opinion. (PDF)
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
Top stories
- Supreme Court hears challenge to KC police funding
- Missouri Lawyers Media’s legal coverage commended
- Cole County prosecutor loses third Sunshine Law appeal
- Supreme Court weighs lagging symptoms in work comp case
- New accommodation rights for pregnant workers offer broad protections
- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
