Missouri Lawyers Media Missouri legal news and public notices

  Where a driver challenged the revocation of his driving privileges, arguing that the breath test machine was not subjected to proper maintenance and reporting, the judgment is affirmed because it was not error to complete a maintenance check when ...

Tagged with: Breath Test Results Machine Maintenance

Where a driver challenged the revocation of his driving privileges for refusal to submit to a chemical breath test, arguing that the state did not present evidence that he ever operated a motor vehicle on a public highway, the judgment ...

Tagged with: Breath Test Refusal

Where a father challenged a judgment altering visitation provisions and increasing his child-support obligation, the father did not show prejudice from the admission of a court-ordered psychological examination because substantial evidence supported the finding that unsupervised visitation would endanger the ...

Tagged with: Child Custody Child Support Modification

Where a defendant challenged his first-degree rape conviction and the trial court’s restriction of his cross-examination of a witness, the evidence was sufficient to show that the victim was incapacitated at the time of sexual intercourse to support the conviction, ...

Tagged with: Incapacitated Victim rape Sufficiency Of Evidence

Defendant was arrested for DWI, but her blood alcohol concentration was determined to be .07 percent. The trial court entered judgment for defendant, finding that there was no substantial evidence of intoxication from physical observations of defendant by the arresting ...

Tagged with: DWI Physical Evidence of Intoxication

Where homeowners challenged a judgment in favor of the Kansas City Area Transit Authority in a dispute involving ownership of real property that the KCATA claimed as part of a right of way it owned in fee simple and that ...

Tagged with: Adverse Possession Public Land Right of Way

Where appellant homebuyer, who brought claims of negligent misrepresentation and claims under the Missouri Merchandising Practices Act against the sellers after the buyer experienced water damage in the  home’s basement, challenged a declaration in favor of the insurer finding that ...

Tagged with: duty to defend negligent misrepresentation Policy Occurrence

Plaintiff appealed from the adverse judgment in her petition for relief to challenge the official ballot title for a proposed constitutional amendment by initiative petition. Plaintiff challenged the language of the Secretary of State’s summary statements for the initiative petitions ...

Tagged with: constitutional amendment Elections Initiative Petition

Where a defendant appealed his conviction for possession of a controlled substance, the officers’ show of authority, including emergency lights, would have made a reasonable person feel as though they were not free to leave, so the initial stop was ...

Tagged with: Drug Possession Unlawful Detention

(1)Where a defendant in a drug case argued that evidence about the possession of a gun would violate the protection against double jeopardy and constitute uncharged criminal conduct, the admission of the evidence did not implicate the double jeopardy protection ...

Tagged with: Closing Argument Double Jeopardy Unavailable Witness

Where a defendant brought a pro se challenge to the denial of his Rule 29.07(d) motion to withdraw his guilty plea to felony driving while intoxicated from 16 years earlier, the exclusive procedure to raise the claim was under Rule ...

Tagged with: Post-Conviction Relief Pro Se Appearance Time Bar