Missouri Court of Appeals, Southern District Digest: March 7, 2022

Criminal Law

Assault

Sufficiency Of Evidence

Testimony

Where a defendant challenged his conviction for assault in the first degree, the defendant’s actions established that he intended to cause serious physical injury to the victim and took a substantial step toward that result when he hit him in the head with his fist and then began stomping on and kicking him, so the evidence was sufficient to support the conviction, and the trial court did not plainly err in allowing a deputy to testify.

Judgment is affirmed.

State v. Perkins (MLW No. 77957/Case No. SD37121 – 6 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.) Appealed from circuit court, Scott County, Dolan, J. (Ellen H. Flottman, Columbia, and Kimberly Sue Maurer-Levi, Jackson, and Kevin Louis Schriener, Clayton, for appellant) (Garrick Aplin, Jefferson City, and Amanda Lorraine Oesch, Benton, for respondent).

https://www.courts.mo.gov/file.jsp?id=184734

Post-Conviction Relief

Pro Se Motion

Timeliness

Where a defendant challenged the denial of post-conviction relief, the defendant did not show that his pro se motion was timely filed, so the judgment is vacated, and the court is directed to dismiss the case.

Vacated; remanded.

Jackson v. State (MLW No. 77956/Case No. SD36953 – 8 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, McDonald County, Stremel, J. (James Egan, Columbia, for appellant) (Garrick Aplin, Jefferson City, for respondent).

https://www.courts.mo.gov/file.jsp?id=184733