Missouri Lawyers Media Missouri legal news and public notices

Where appellant did not timely appear in an ejectment action and the district court entered a default judgment based on a finding that he willfully refused to appear, the court did not abuse its discretion, and the default judgment was ...

Tagged with: Default Judgment Ejectment Action Failure To Appear

Plaintiff co-owned a business with Daniel and J. Carson Cates. The shareholders purchased life insurance policies, the proceeds of which would be used to purchase a deceased shareholder’s interest. After Daniel died, the company received the life insurance proceeds but ...

Tagged with: Failure to Purchase Shares Life Insurance Shareholder Policies

Plaintiffs appealed from the summary judgment dismissal of their complaint for relief under the Administrative Procedures Act, after the district court declined to take judicial notice of certain documents. Where plaintiffs sought judicial notice of irrelevant documents or documents whose ...

Tagged with: Administrative Procedures Act Judicial Notice of Documents Relief under APA

Plaintiff appealed from the district court’s grant of summary judgment to defendant, in which the district court concluded that plaintiff had failed to exhaust administrative remedies in her retaliation claim, failed to state a prima facie claim for sex discrimination, ...

Tagged with: Failure to Exhaust Administrative Remedies Severe or Pervasive Conduct Sex Discrimination

Plaintiff petitioned for review of the NLRB’s order concluding that plaintiff engaged in unfair labor practices by refusing to recognize United Food and Commercial Workers, Local 655 as the exclusive collective bargaining representative for some of plaintiff’s employees. The NLRB ...

Tagged with: Failure to Recognize Exclusive Bargaining Representative NLRA Unfair Labor Practice

Defendant appealed from his mandatory minimum sentence under the ACCA, arguing that the district court violated his Sixth Amendment rights by determining itself that defendant had committed at least three predicate offenses, rather than submitting that determination to the jury. ...

Tagged with: ACCA Finding of Predicate Offenses Unlawful Possession of Firearm

  Defendant pleaded guilty to possession of heroin with intent to distribute. Defendant’s presentence investigation report included a prior Illinois conviction for aggravated unlawful use of a weapon. After the Illinois Supreme Court declared the statute of conviction unconstitutional in ...

Tagged with: Calculation of Guidelines Range Possession with Intent to Distribute Prior Convictions

Plaintiff appealed from the district court’s denial of plaintiff’s application for habeas relief after the Minnesota Supreme Court affirmed plaintiff’s sentence for three murders plaintiff committed while he was a juvenile but old enough to be tried as an adult, ...

Tagged with: Habeas Relief Juvenile Offender murder

Defendant appealed from his conviction under 18 U.S.C. §2250(a) for failing to register as a sex offender in Iowa after transferring his probation from Wisconsin. On appeal, defendant challenged the district court’s supplemental jury instructions, in response to the jury’s ...

Tagged with: Failure to Register as Sex Offender Interstate Travel “Knowingly” Element

  Defendant pleaded guilty to conspiracy to distribute methamphetamine and substances containing methamphetamine. On appeal, defendant challenged her sentence, arguing that the district court erroneously assigned criminal history points to her prior Iowa conviction for violation of probation. Where criminal ...

Tagged with: Assignment of Criminal History Points Challenge to Sentence Conspiracy to Distribute Methamphetamine

Defendant appealed from his conviction for conspiracy to distribute a mixture and substance containing a detectible amount of cocaine. On appeal, defendant challenged several trial court rulings and argued that the trial court failed to instruct the jury properly. Defendant ...

Tagged with: Conspiracy to Distribute ineffective assistance of counsel Sufficiency Of Evidence