Missouri Court of Appeals, Eastern District Digest: Feb. 28, 2022

Criminal Law

Child Molestation

Venue

Sufficiency Of Evidence

Where a defendant challenged his conviction for child molestation in the second degree, the defendant waived his objection to venue when he failed to raise the issue before trial, and the evidence was sufficient to support the conviction.

Judgment is affirmed.

State v. Stewart (MLW No. 77927/Case No. ED109602 – 8 pages) (Missouri Court of Appeals, Eastern District, Stevens, J.) Appealed from circuit court, St. Louis County, Ott, J. (Jedd C. Schneider for appellant) (Brianna J. Baldwin for respondent).

https://www.courts.mo.gov/file.jsp?id=184575

Criminal Information

Dismissal

Statute Of Limitations

Where the state challenged the dismissal of a criminal information charging the defendant with tampering with a victim, the trial court did not err in dismissing the state’s information because it failed to allege criminal conduct that was not barred by the statute of limitations.

Judgment is affirmed.

State v. Clayborn-Muldrow (MLW No. 77926/Case No. ED109849 – 10 pages) (Missouri Court of Appeals, Eastern District, Hess, J.) Appealed from circuit court, St. Louis City, Perkins, J. (Eusef R. Huq for appellant) (Peter O. Bruntrager for respondent).

https://www.courts.mo.gov/file.jsp?id=184576

Workers’ Compensation

Second Injury Fund

“Permanent” Preexisting Injury

Legal Standard

Where claimant challenged the reversal of an award granting him recovery from the Second Injury Fund, the proper legal standard required that the claimant show that a preexisting injury was permanent, and unimpeached and unrebutted expert testimony established the permanence of the injury, so the matter is reversed and remanded for reinstatement of the award.

Judgment is reversed.

Krysl v. Treasurer (MLW No. 77929/Case No. ED109568 – 8 pages) (Missouri Court of Appeals, Eastern District, Clark II, J.) Appealed from the Labor and Industrial Relations Commission (Thomas J. Gregory for appellant) (Madalyn J. Campbell for respondent).

https://www.courts.mo.gov/file.jsp?id=184574