Missouri Lawyers Media Missouri legal news and public notices

Defendant appealed the judgment upholding the revocation of defendant’s driving privileges following his refusal of a breathalyzer. After police received reports of an abandoned crashed vehicle, they detained defendant, who matched the description of the driver and who displayed signs ...

Tagged with: Criminal Law Probable Cause for Arrest Refusal of Breathalyzer Revocation of Driving Privileges

Defendant appealed from the denial of his amended motion for post-conviction relief, following his guilty plea to second-degree murder. Counsel filed appearance after defendant filed a pro se motion for relief; however, counsel failed to timely file an amended motion ...

Tagged with: Abandonment by Counsel Criminal Law Post-Conviction Relief Untimely Amended Motion

Defendant appealed the denial of her motion for post-conviction relief, which alleged her trial counsel was ineffective for failing to file a suppression motion for evidence seized incident to her arrest. On appeal, defendant argued that the motion court erred ...

Tagged with: Criminal Law ineffective assistance of counsel Motion to Suppress Evidence Post-Conviction Relief

Where the trustee of a wrongful death claimants’ trust, developed in response to a train derailment, challenged the finding that his claim brought under the Carmack Amendment against the railroad was untimely, the judgment is reversed and remanded because the ...

Tagged with: Negligence Rail Carrier Liability Statute Of Limitations Train Derailment

Where an employee brought a disability discrimination claim against her employer after the employer placed him on administrative leave and ordered him to undergo testing for alcoholism, the employee’s claim cannot be resolved without interpreting a collective bargaining agreement, so ...

Tagged with: collective bargaining agreement disability discrimination Employee – Employer

Where appellant, who was appointed as a presidential elector by the State of Minnesota was deemed to have vacated his position when he tried to vote for candidates other than those to whom he was pledged, challenged the appointment of ...

Tagged with: Elections Elector Substitution Minnesota Law mootness

Defendant appealed the sentence imposed following his guilty plea to enticement of a minor using the internet, pursuant to a plea agreement containing an appeal waiver. On appeal, defendant argued that the district court imposed a substantive unreasonable sentence. Where ...

Tagged with: appeal waiver Criminal Enticing a Minor

Where forensic evidence corroborated hearsay evidence demonstrating defendant engaged in pattern of prohibited sexual conduct, district court properly applied sentencing guidelines enhancement for the pattern and defendant’s sentence was substantively reasonable. Judgment is affirmed. U.S. v. Vander Veer (MLW No. ...

Tagged with: Criminal Law Enticing a Minor Pattern Based on Hearsay Sentence Enhancement

Where defendant’s delivery of large quantities of narcotics would lead to reasonable belief that recipients of the narcotics would further distribute them, out-of-court statements of recipients were not hearsay where otherwise admissible to show defendant was in conspiracy with recipients ...

Tagged with: Conspiracy to Distribute Criminal Law Reasonableness of Sentence Sufficiency Of Evidence

Where a defendant challenged his sentencing under the Armed Career Criminal Act, the defendant was not eligible for habeas relief because his Arkansas conviction for terroristic threatening constituted a crime of violence. Judgment is affirmed. Martin v. U.S. (MLW No. ...

Tagged with: Arkansas Law Criminal Law Prior Convictions Violent Felonies

Where a defendant in a child exploitation case challenged his convictions, which included a conviction for attempted travel with intent to engage in illicit sexual conduct, the evidence was not sufficient to support the attempted travel conviction because the government ...

Tagged with: Attempted Travel Child Exploitation Criminal Law Sufficiency Of Evidence