Missouri Court of Appeals, Eastern District Digest: May 10, 2021

Criminal Law

Rape

Intoxicated Victim

Where defendant challenged his convictions in a rape and forcible sodomy case, arguing that the relevant statutes did not apply when the victim was voluntarily intoxicated, the trial court did not err in interpreting the statutes since the defendant’s interpretation would negate the legislature’s focus on consent, and sufficient evidence showed that the victim reasonably resisted, so the judgment is affirmed since the court also did not abuse its discretion in admitting a videotape of the crime because a proper foundation and chain of custody was established.

Judgment is affirmed.

State v. Hunter (MLW No. 76686/Case No. ED108952 – 18 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from circuit court, Franklin County, House, J. (Taylor D. Goodale for appellant) (Daniel N. McPherson for respondent).

https://www.courts.mo.gov/file.jsp?id=177128

Rape

Intoxicated Victim

Where defendant challenged his convictions in a rape and forcible sodomy case, arguing that the relevant statutes did not apply when the victim was voluntarily intoxicated, the trial court did not err in interpreting the statutes since the defendant’s interpretation would negate the legislature’s focus on consent, and sufficient evidence showed that the victim reasonably resisted, so the judgment is affirmed since the court also did not abuse its discretion in admitting a videotape of the crime because a proper foundation and chain of custody was established.

Judgment is affirmed.

State v. King (MLW No. 76687/Case No. ED108951 – 18 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from circuit court, Franklin County, House, J. (Scott A. Fulford for appellant) (Daniel N. McPherson for respondent).

https://www.courts.mo.gov/file.jsp?id=177127

Employer – Employee

MHRA

Retaliatory Discharge

Litigation Expenses

Where a university defendant challenged a judgment in favor of its former public safety director under the Missouri Human Rights Act for retaliatory discharge, the McGinnis doctrine did not apply to proscribe verdicts finding a university liable while exonerating its employee, and the evidence was sufficient to show that the director engaged in MHRA-protected activity and that a causal relationship existed between the activity and her termination, so the award of $32,000 in actual damages is affirmed, but the award of litigation expenses is reversed in light of the U.S. Supreme Court decision in Wilson v. City of Kansas City, and the matter is remanded for reconsideration of whether any of the attorney’s out-of-pocket expenses can be awarded as attorneys’ fees.

Judgment is affirmed in part; reversed in part.

Harrison v. Harris-Stowe State University (MLW No. 76685/Case No. ED109012 – 30 pages) (Missouri Court of Appeals, Eastern District, Quigless, J.) Appealed from U.S. District Court, St. Louis City, McGraugh, J. (Daniel K. O’Toole, Jeffrey T. McPherson, Travis R. Kearbey and Paul L. Brusati for appellant) (Edward D. Robertson III, Edward D. Robertson Jr., Kelly Frickleton, Jeremy D. Hollingshead and Nicholas J. Dudley for respondents).

https://www.courts.mo.gov/file.jsp?id=177129

Landlord–Tenant

Residential Lease

Statute Of Limitations

Acknowledgement Of Debt

Where landlord assigned its claim to appellant who challenged the grant of summary judgment to tenants in a dispute arising from a residential lease agreement, the trial court did not err in entering summary judgment because the appellant’s claim that a 10-year statute of limitations applied failed since the lease provision at issue did not contain a promise to pay money that constituted an acknowledgement of debt and an admission that the debt was due and unpaid, and the court properly applied the five-year statute of limitations to bar the claim.

Judgment is affirmed.

J&M Securities, LLC v. Aziz (MLW No. 76684/Case No. ED109169 – 6 pages) (Missouri Court of Appeals, Eastern District, Gardner, J.) Appealed from circuit court, St. Louis County, Baker, J. (Nelson L. Mitten, Abby N. Schneider and Lucas G. Guard for appellant) (David N. Damick and Jesse W. Ullom for respondent).

https://www.courts.mo.gov/file.jsp?id=177130