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Civil Practice
Default Judgment
Good Cause
Return Of Service
Where appellant challenged the denial of its motion to set aside a default judgment, the appellant did not preserve its argument on appeal that it showed good cause due to confusion regarding the status of the litigation, and the return of service facially satisfied the proof of service requirements, so the judgment is affirmed.
Judgment is affirmed.
Xtra Lease, LLC v. Pigeon Freight Services, Inc. (MLW No. 79402/Case No. ED110391 – 10 pages) (Missouri Court of Appeals, Eastern District, Hardin-Tammons, J.) Appealed from circuit court, St. Louis County, Borbonus, J. (Keith G. Liberman for appellant) (Christopher J. Lawhorn for respondent).
Criminal Law
Affirmative Defense
Justification By Necessity
Where a defendant challenged her conviction for property damage in the first degree, the trial court did not err in refusing to instruct the jury on the affirmative defense of justification by necessity because feeling scared and threatened was not substantial evidence supporting the additional and separate requirement that she faced a clear and imminent danger, and the judgment is affirmed because there was also sufficient evidence for a reasonable jury to find that the damages were greater than $750.
Judgment is affirmed.
State v. Eyler (MLW No. 79403/Case No. ED110234 – 10 pages) (Missouri Court of Appeals, Eastern District, Hardin-Tammons, J.) Appealed from circuit court, Cape Girardeau County, Lipke, J. (Christian Lehmberg for appellant) (Julia E. Rives for respondent).
First-Degree Murder
Deliberation
Sufficiency Of Evidence
Where a defendant appealed his conviction for first-degree murder, the evidence was sufficient for the jury to conclude that the defendant acted with deliberation since his conduct and statements supported a reasonable inference of deliberation.
Judgment is affirmed.
State v. Sokolic (MLW No. 79399/Case No. ED110467 – 8 pages) (Missouri Court of Appeals, Eastern District, Hardin-Tammons, J.) Appealed from circuit court, Jefferson County, Rathert, J. (Ellen H. Flottman for appellant) (Ashley D. Murphy for respondent).
Post-Conviction Relief
Effectiveness Of Counsel
Conflict of Interest
Where defendant challenged the denial of his motion for post-conviction relief, the record clearly refuted the assertion that defendant’s plea counsel had an actual conflict of interest as a result of his representation of the defendant and a co-defendant, so the motion court did not clearly err in denying the motion.
Judgment is affirmed.
Jones v. State (MLW No. 79400/Case No. ED110457 – 8 pages) (Missouri Court of Appeals, Eastern District, Page, J.) Appealed from circuit court, St. Louis County, Millikan, J. (Andrew Mossman for appellant) (Daniel N. McPherson for respondent).
Microsoft Word – Jones 24.035 wout hrg (mo.gov)
Post-Conviction Relief
Effectiveness Of Counsel
Lesser-Included Offense
Where a defendant challenged the denial of his motion for post-conviction relief without an evidentiary hearing, the motion court properly denied a hearing on the claim that the plea court erred by accepting the defendant’s guilty plea, but the court erred in denying an evidentiary hearing as to the claim that plea counsel was ineffective for failing to advise him as to a lesser-included offense.
Judgment is affirmed in part; reversed in part; remanded.
Wyatt v. State (MLW No. 79397/Case No. ED110537 – 11 pages) (Missouri Court of Appeals, Eastern District, Gardner, J.) Appealed from circuit court, St. Louis City, Bryant, J. (Andrew Mossman for appellant) (Kelsey E. McGee for respondent).
Post-Conviction Relief
Timeliness
Abandonment
Where a defendant challenged the denial of his motion for post-conviction relief after an evidentiary hearing, the motion court had no authority to grant an extension to file an amended motion after the filing deadline had passed without first conducting an abandonment inquiry, so the motion was untimely and the matter is reversed and remanded for such an inquiry.
Judgment is reversed and remanded.
Johnson v. State (MLW No. 79398/Case No. ED110531 – 5 pages) (Missouri Court of Appeals, Eastern District, Page, J.) Appealed from circuit court, St. Louis City, Ohmer, J. (Lisa M. Stroup for appellant) (Nathan J. Aquino for respondent).
Juvenile Law
Adult Certification
Totality Of Circumstances
Where a juvenile appellant challenged an order certifying him as an adult to allow for his prosecution in a court of general jurisdiction, the juvenile court properly analyzed all the factors from Section 211.071.6 as they applied to the appellant and not just his alleged crimes, and the court did not abuse its discretion based on the totality of the circumstances in finding that the factors favored certification as an adult.
Judgment is affirmed.
In the Interest of: D.D.B. (MLW No.79401/Case No. ED110414 – 19 pages) (Missouri Court of Appeals, Eastern District, Page, J.) Appealed from circuit court, St. Louis City, Ohmer, J. (Jeffrey C. Esparza for appellant) (Alexandria A. Shah for respondent).
Microsoft Word – ED110414 DDB Opinion – Final Review 1.31.1 (mo.gov)
