Missouri Lawyers Media Missouri legal news and public notices

Where a defendant, who was convicted on charges including second-degree assault and armed criminal action, challenged his convictions, the evidence was sufficient to support the conviction because he fired a gun toward a vehicle that he knew contained three passengers, ...

Tagged with: Assault Sufficiency Of Evidence

(1)Where appellant general contractor and respondent office building owner cross-appealed in a dispute arising from a construction contract, the appellant’s Batson challenge failed because it did not show that the respondent’s reason for a strike was pretext, and the judgment ...

Tagged with: Batson challenge breach of contract Prejudgment Interest

Where appellants challenged a permanent injunction prohibiting them from operating a commercial swimming facility on their property until certain safety conditions were met, the trial court did not err in concluding that appellants’ operation of the facility was a public ...

Tagged with: Injunction Public Nuisance

Where appellant filed a timely Rule 51.05 application for an automatic change of judge before the trial court entered judgment in favor of respondent on the respondent’s petition to strike a lien placed by appellant on her former home, which ...

Tagged with: change of judge Missouri Supreme Court Rules

Where a claimant challenged the denial of permanent total disability benefits, the Labor and Industrial Relations Commission erred by requiring the physician who testified about the claimant’s work-related injury to state an opinion on the claimant’s ability to obtain future ...

Tagged with: Future Employment Physician Testimony PTD

Where an insurer challenged a judgment for an insured who sought uninsured motorist benefits after an auto accident, the insured made a submissible case on the insurer’s vexatious refusal to pay, and the trial court did not err in allowing ...

Tagged with: deposition testimony Sufficiency Of Evidence Vexatious Refusal

Where a motion court overruled defendant’s pro se motion for post-conviction relief on the merits, the defendant failed to allege any facts showing that his motion was timely or that the untimely filing fell into a recognized exception, so the ...

Tagged with: Post-Conviction Relief Pro Se Motion timeliness

Where a defendant challenged a guilty verdict in a driving-while-intoxicated case, direct and circumstantial evidence supported the reasonable inference that the defendant was intoxicated while driving, and the trial court did not abuse its discretion in overruling the defendant’s objection ...

Tagged with: Beer Bottle Demonstration Closing Argument DWI

Where appellants including the highway patrol challenged a judgment granting petitioner’s request to have his name removed from the state’s sex offender registry, the meaning of the upgrade provision for repeat tier I offenders is an issue of first impression, ...

Tagged with: Removal Of Name sex offender registry

Where appellant challenged a judgment against her on banks’ claims against her for liability on two promissory notes and related deeds of trust purportedly executed by her and her then-husband in her name and secured by a home solely owned ...

Tagged with: Agency Promissory Note Dispute Ratification

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