Missouri Court of Appeals, Southern District Digest: Oct. 4, 2021

Criminal Law

Sexual Abuse

Ineffective Assistance of Counsel

Defendant appealed from the denial of his PCR motion alleging ineffective assistance of counsel and other claims, following his conviction for sexual abuse and attempted enticement of a minor. On appeal, defendant contended that counsel was ineffective for failing to object to various pieces of testimony during trial.

Where the evidence showed that counsel made a strategic decision not to make excessive objections to avoid giving the jury the perception that defendant was afraid of the testimony, defendant’s PCR claim was properly denied.

Judgment is affirmed.

Tucker v. State (MLW No. 77418/Case No. SD36845 – 4 pages) (Missouri Court of Appeals, Southern District, Goodman, J.) Appealed from circuit court, Iron County, Parker, J.

https://www.courts.mo.gov/file.jsp?id=180695

Negligence

Liability of Ammunition Retailer

Protection of Lawful Commerce in Arms Act

Plaintiffs appealed from the dismissal of their negligence claim against defendants, after they sold ammunition that was later used to shoot someone, arguing that their complaint was not preempted or precluded by the Protection of Lawful Commerce in Arms Act.

Where plaintiffs failed to show that Congress intended for federal firearms statutes to create duties or provide for private causes of action for negligence, and where plaintiffs failed to sufficiently plead facts to support a negligent entrustment claim, their action was properly dismissed.

Judgment is affirmed.

Elkins v. Academy I, LP (MLW No. 77417/Case No. SD36947 – 14 pages) (Missouri Court of Appeals, Southern District, Goodman, J.) Appealed from circuit court, Greene County, Powell, J. (Craig Richard Heidemann, of Springfield, for appellant) (Byron Atlee Bowles, of Clayton, for respondent).

https://www.courts.mo.gov/file.jsp?id=180653