Court of Appeals, Southern District

Sep 28, 2023

Missouri Court of Appeals, Southern District Digest: Sept. 28, 2023

These opinions were released by the Missouri Court of Appeals, Southern District

Sep 21, 2023

Real Property: Purchase Agreement-Abandonment

Lisek v. Taber (MLW No. 80524/Case No. SD37897 – 3 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from circuit court, Greene County, Brown, J. (Mathew Louis Placzek, Springfield, for appellant) (Bruce McCurry, Springfield, for appellee)

Sep 21, 2023

Domestic Relations: Divorce-Marital Property

Zamora v. Zamora (MLW No. 80523/Case No. SD37807 – 8 pages) (Missouri Court of Appeals, Southern District, Gooch, J.) Appealed from circuit court, Greene County, Palmietto, J. (Ann R. Littell Mills, Springfield, for appellant) Shelly Renee Reece, Springfield, for respondent)

Sep 21, 2023

Domestic Relations: Divorce-Division of Marital Property

In re the Marriage of: Kurz (MLW No. 80525/Case No. SD37918 – 4 pages) (Missouri Court of Appeals, Southern District, Goodman, J.) Appealed from circuit court, Jasper County, Holcomb, J. (John Luther Young, Springfield, for appellant) (Charles Spencer Genisio, Joplin, for respondent)

Sep 15, 2023

Probate: Fiduciary Duty-Punitive Damages

Wood v. Millsap & Singer, P.C. (MLW No. 80501/Case No. SD37921 – 11 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Greene County, Powell, J. (Thomas W. Millington and Kathryn Ann Millington, Springfield, for appellant) (Charles Smathers Pullium III, St. Louis, for respondent).

Sep 15, 2023

Criminal Law: Voluntary Intoxication-Curative Instruction

State v. Latin (MLW No. 80503/Case No. SD37722 – 8 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Greene County, Borthwick, J. (Christian Lehmberg, Columbia, and David Brian Smith, Springfield, for appellant) (Karen Louis Kramer, Jefferson City, and Syd Tippie, Springfield, for respondent).

Sep 15, 2023

Criminal Law: Tampering-Sufficiency Of Evidence-Prior Bad Acts

State v. Shultz (MLW No. 80499/Case No. SD37585 – 10 pages) (Missouri Court of Appeals, Southern District, Gooch, J.) Appealed from circuit court, Scott County, Dolan, J. (Ellen H. Flottman, Columbia, and Jeffrey D. McCormick, Kennett, for appellant) (Garrick F.D. Aplin, Jefferson City, for respondent).

Sep 15, 2023

Criminal Law: Right To Counsel-Robbery-Sufficiency of Evidence

State v. Phillips (MLW No. 80502/Case No. SD37382 – 13 pages) (Missouri Court of Appeals, Southern District, Goodman, J.) Appealed from circuit court, Scott County, Dolan, J. (Matthew George Mueller, St. Louis, for appellant) (Richard Anthony Starnes, Jefferson City, for respondent).

Sep 15, 2023

Criminal Law: First-Degree Assault-Sufficiency of Evidence-Curative Instruction

State v. Bruce (MLW No. 80498/Case No. SD37363 – 13 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Polk County, Rohrs, J. (Jedd Christian Schneider, Columbia, for appellant) (Julia Rives, Jefferson City, for respondent).

Sep 15, 2023

Criminal Law: Closing Argument-Plain Error Review

State v. Hough (MLW No. 80500/Case No. SD37664 – 5 pages) (Missouri Court of Appeals, Southern District, Borthwick, J.) Appealed from circuit court, Greene County, Mountjoy, J.

Sep 7, 2023

Criminal Law: Tampering-Sufficiency Of Evidence-Spousal Privilege

State v. Hamilton (MLW No. 80482/Case No. SD37508 – 7 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, McDonald County, Stremel, J. (Jedd Christian Schneider, Columbia, and Charles Gordon Oppelt, Carthage, for appellant) (Gregory L. Barnes, Jefferson City, and William Patrick Lynch, Joplin, for respondent).

Sep 7, 2023

Criminal Law: Post-Conviction Relief-Evidentiary Hearing

Huckleberry v. State (MLW No. 80484/Case No. SD37782 – 4 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Greene County, Jones, J. (Tyler Patrick Coyle, Columbia, for appellant) (Gregory L. Barnes, Jefferson City, and John Daniel Patterson, Springfield, for respondent).