Missouri Lawyers Media Missouri legal news and public notices

Where a defendant in a robbery and burglary case challenged the denial of his motion for post-conviction relief, the claim of prosecutorial misconduct was not cognizable in a Rule 29.15 proceeding, the findings that counsel was not ineffective and that ...

Tagged with: Post-Conviction Relief prosecutorial misconduct

Where a defendant challenged a denial of post-conviction relief, arguing ineffective assistance of counsel, the motion court did not clearly err, so the judgment is affirmed. Judgment is affirmed. Shelby v. State (MLW No. 74756/Case No. SD36125 – 3 pages) ...

Tagged with: effectiveness of counsel Post-Conviction Relief

Where appellant sought the return of escrow money after failing to close on a condominium purchase, bringing claims under the Missouri Merchandising Practices Act and for fraudulent transfer, the judgment for the defendants is affirmed because the trial court did ...

Tagged with: Condominium Purchase Escrow Agreement MMPA

Where the family of a man who died from asbestosis sued the manufacturer of asbestos-containing boilers, which the man inspected as part of his job, the summary judgment record presented a genuine dispute to be decided by a jury as ...

Tagged with: Causation Exposure to Asbestos

Where a defendant, who was found guilty of charges including second-degree murder, argued that the trial court clearly erred in denying his motion to suppress statements that he made to police, the statements were not incriminating, and the case was ...

Tagged with: Defendant’s Statements Motion To Suppress Warrantless Search

Where a defendant challenged a judgment entered against him following a jury verdict convicting him of second-degree involuntary manslaughter, the trial court did not err in allowing the jury to use a transcript of a dash-camera video, and the court ...

Tagged with: Batson challenge Involuntary Manslaughter Video Transcript

Where a defendant argued that her plea counsel was ineffective for advising her to enter an Alford plea without considering her competence and for failing to investigate and raise a defense of not guilty by reason of insanity, the defendant ...

Tagged with: Alford plea Competence effectiveness of counsel

Where plaintiffs brought a medical malpractice action against a clinic and a doctor claiming that the doctor provided negligent post-operative care following an ovarian cyst-removal procedure, allegedly resulting in an infection and infertility, the two-year statute of limitations began running ...

Tagged with: Continuing Care Doctrine medical malpractice Statute Of Limitations

Where a mother filed a petition for a writ of prohibition asserting that the trial court exceeded its authority by entering a temporary child custody order without conducting a hearing on the motion, the court was required to conduct a ...

Tagged with: Hearing Requirement Temporary Child Custody

Where dispatchers claimed statutory prohibitions against picketing violated constitutional rights to equal protection, free speech, peaceable assembly and collective bargaining under the Missouri Constitution, and the trial court declared Section 105.585(2) unconstitutional and enjoined the defendants from applying the prohibition ...

Tagged with: Labor Negotiations picketing Severance

Where the owner of an ethanol production facility sued the manufacturer of a regenerative thermal oxidizer for negligence and products liability after an explosion and fire, the owner submitted sufficient evidence of a defective design to survive summary judgment, so ...

Tagged with: defective design Failure To Warn products liability