Missouri Lawyers Media Missouri legal news and public notices

Where the driver of a school bus, who was injured in an accident with a Bi-State bus, challenged the remittitur of her personal-injury award from $1.8 million to $420,606, the judgment is reversed and remanded because a statute mandating that ...

Tagged with: Personal-Injury Award Remittitur

Where a defendant challenged his conviction and sentence on charges including assault in the first degree, the victim’s pre-trial identification of the defendant from a photo lineup was not unduly suggestive, and the admission of a firearm found in a ...

Tagged with: Admission of Gun jury instructions Pre-Trial Lineup

Where a defendant challenged the denial of post-conviction relief, the motion was due within 180 days of the defendant’s delivery to serve his sentence, so the pro se motion was untimely and is remanded for dismissal. Remanded. Marks v. State ...

Tagged with: Post-Conviction Relief timeliness

Where an accountant challenged the decision of the state’s board of accountancy placing her license on probation for three years, increasing her yearly continuing professional education requirement and ordering her to complete a remedial course, the discipline was an abuse ...

Tagged with: Accountancy License probation Professional Education Deficiencies

Where an insurer and employer challenged an award of benefits, costs and attorney fees in an action brought under the Employee Retirement Income Security Act, the employee was enrolled in an optional life insurance benefit program after falsely certifying in ...

Tagged with: ERISA Life Insurance Optional Benefits Program

Where defendant challenged his convictions for first-degree robbery and armed criminal action, the judgment is affirmed because the defendant failed to show that he suffered from a diminished capacity at the time of the crime, and he failed to produce ...

Tagged with: diminished capacity Mental Disease robbery

Where a defendant who sought to vacate his guilty plea challenged the denial of post-conviction relief, the case is reversed and remanded in part because the motion court erred by denying the Rule 24.035 motion because the defendant pleaded facts ...

Tagged with: conflict of interest effectiveness of counsel Post-Conviction Relief

Where a defendant challenged his conviction in a DWI case arguing that his incriminating statement was elicited without a Miranda warning, a reasonable person would not believe he was in custody while restrained in a moving ambulance for medical treatment ...

Tagged with: Custody DWI Miranda

Where relator filed a petition for a writ of prohibition for a grant of his application for a change of judge, the application for change of judge was timely filed, and the appellate court would make the preliminary writ in ...

Tagged with: change of judge Rule 32.07(b)

Where appellant challenged summary judgment in favor of respondent on its action to quiet title and on the appellant’s counterclaim for judicial foreclosure in a dispute arising from the parties’ competing interests in real property previously owned by a husband ...

Tagged with: Quiet Title Tenants by the Entirety

Where defendant challenged the dismissal of his Rule 24.035 motion, arguing that the motion court improperly invoked the escape rule without ruling on the merits of his claims and thus violating his constitutional rights, judicial authority has established that application ...

Tagged with: Escape Rule Post-Conviction Relief