These opinions were released by the Missouri Court of Appeals, Eastern District
Read More »Missouri Court of Appeals, Eastern District Digest: June 1, 2020
These opinions were released by the Missouri Court of Appeals, Eastern District
Read More »Missouri Court of Appeals, Eastern District Digest: May 21, 2020
These opinions were released by the Missouri Court of Appeals, Eastern District
Read More »Missouri Court of Appeals, Eastern District Digest: May 18, 2020
These opinions were released by the Missouri Court of Appeals, Eastern District
Read More »Real Property: Conditional Use Permit-Gravel Pit Operation-Voting Process
Where appellants challenged a county zoning board’s approval of an order of the planning and zoning commission granting a conditional use permit for a gravel-mining operation, the commission’s approval of the permit was valid under the relevant regulations and authorized ...
Tagged with: Conditional Use Permit Gravel Pit Operation Voting Process
Read More »Probate: Revocable Trust-Annual Distributions
Where appellants challenged a judgment in a dispute regarding distributions from a revocable trust, the trust indenture clearly established that there were only two primary beneficiaries at the time of the grantor’s death and both were entitled to demand annual ...
Tagged with: Annual Distributions Revocable Trust
Read More »Criminal Law: Warrantless Search-Protective Sweep
Where the state challenged the grant of a defendant’s motion to suppress evidence from a warrantless search of the defendant’s vehicle in a drug-possession case, the facts did not justify a search of the vehicle for drugs, but the officer’s ...
Tagged with: Protective Sweep Warrantless Search
Read More »Criminal Law: Post-Conviction Relief-Timeliness-Abandonment
Where a defendant challenged the denial of post-conviction relief, the amended motion filed by post-conviction counsel was untimely, so the court clearly erred in failing to conduct an abandonment inquiry. Judgment is reversed and remanded. McAllister v. State (MLW No. ...
Tagged with: Abandonment Post-Conviction Relief timeliness
Read More »Criminal Law: Post-Conviction Relief-Effectiveness of Counsel
Where a defendant challenged the denial of his motion for post-conviction relief without an evidentiary hearing, the trial court did not err because the defendant failed to show that his counsel’s actions rendered his guilty plea involuntary. Judgment is affirmed. ...
Tagged with: effectiveness of counsel Post-Conviction Relief
Read More »Criminal Law: Guilty Plea-Withdrawal
Where a defendant challenged the denial of his post-conviction motion to withdraw his guilty plea in a criminal non-support case, the arguments were not properly preserved, and the probation rulings must be challenged in a petition for an extraordinary writ, ...
Tagged with: Guilty Plea Withdrawal
Read More »Appellate Practice: Inadequate Brief-Unemployment Case
Where a pro se appellant challenged the denial of his claim for unemployment benefits, the appeal was not reviewable because the appellant’s brief did not substantially comply with the requirements of Rule 84.04 by failing to contain a table of ...
Tagged with: Inadequate Brief Unemployment Case
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