Missouri Court of Appeals, Southern District Digest: March 2, 2023

Civil Practice

Default Judgment

Motion to Set Aside

Defendant appealed the denial of his motion to set aside two default judgment entered in favor of plaintiffs. On appeal, defendant argued that he had asserted good cause to set aside the judgments, as he had been diagnosed with PTSD that played a role in his failure to file a timely answer to the underlying lawsuits.

Where the trial court found defendant’s testimony not credible, it correctly ruled that defendant had failed to satisfy his burden to show good cause to set aside the judgments.

Judgment is affirmed.

KDD Enterprises, LLC v. Jeffries (MLW No. 79512/Case No. SD37491 – 7 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Greene County, Cordonnier, J.

https://www.courts.mo.gov/file.jsp?id=192815

Criminal Law

Consecutive Sentences

Discrepancy Between Oral and Written Judgments

Defendant appealed his sentence, arguing that the trial court erred in stating in the written judgment that defendant’s sentences would run consecutively when the trial court had failed to so state in its oral pronouncement at the sentencing hearing.

Where an oral pronouncement at sentencing controlled over a written judgment, the correct course of action was to remand with direction for the trial court to enter a written judgment conforming with its oral pronouncement.

Judgment is reversed and remanded.

State v. Halbrook (MLW No. 79513/Case No. SD37288 – 6 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Cedar County, Munton, J.

https://www.courts.mo.gov/file.jsp?id=192813

Drug Trafficking

Sufficiency of Evidence

Defendant appealed his conviction for drug trafficking offenses, challenging the sufficiency of the evidence showing that defendant knowingly possessed the controlled substances. Defendant also challenged the admission of bodycam footage as irrelevant and the denial of his motion for a mistrial after detectives testified about defendant’s arrest warrant.

Where the evidence was sufficient to establish defendant’s constructive possession of drugs in the vehicle’s glove compartment because he had the keys to access the compartment, the court affirmed defendant’s conviction, finding no error in the trial court’s evidentiary rulings as defendant failed to preserve them for review and the evidence was not prejudicial to defendant.

Judgment is affirmed.

State v. Brown (MLW No. 79511/Case No. SD37256 – 22 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Phelps County, Hickle, J.

https://www.courts.mo.gov/file.jsp?id=192780

Failure to Register Change of Residence

Sex Offender Registration

Defendant, a registered sex offender, appealed his conviction for failing to timely register a change of residence. On appeal, defendant challenged the sufficiency of the evidence.

Where the state presented evidence to prove that defendant had traveled to another county for a month for work and knew of his registration obligations, the evidence was sufficient to support his conviction.

Judgment is affirmed.

State v. Shands (MLW No. 79510/Case No. SD36965 – 8 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Scott County, Pearson, J.

https://www.courts.mo.gov/file.jsp?id=192673

Postconviction Relief

Ineffective Assistance of Counsel

Defendant appealed the denial of her motion for postconviction relief alleging ineffective assistance of counsel due to counsel’s failure to present DNA evidence. Defendant also argued that the trial court committed a clerical error during sentencing.

Where counsel’s decision not to present the DNA evidence constituted a reasonable trial strategy as counsel sought to undermine the state’s expert testimony and the evidence was speculative at best, the court affirmed the denial of defendant’s motion.

Judgment is affirmed.

Ryan v. State (MLW No. 79514/Case No. SD37272 – 6 pages) (Missouri Court of Appeals, Southern District, Borthwick, J.) Appealed from circuit court, Texas County, Beger, J.

https://www.courts.mo.gov/file.jsp?id=192814