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Court of Appeals, Southern District

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Criminal Law: Expungement of Records-Eligibility

Petitioner obtained three judgments expunging his criminal records. On appeal, the state argued that petitioner’s records were ineligible for expungement because his arrest involved state law regulating operation of a motor vehicle while petitioner held a CDL, and because petitioner’s ...

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Criminal Law: Jury-Trial Waiver-Voluntariness of Waiver

Defendant executed a waiver of jury trial, but the judge who accepted the waiver subsequently recused from defendant’s trial. On appeal, defendant argued that the substitute trial judge erred in trying defendant’s case because defendant’s jury-trial waiver was specifically intended ...

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Employment: Workers’ Compensation-Work Accident or Occupational Disease

Claimant appealed the decision of the Labor and Industrial Relations Commission, which dismissed claimant’s application for full commission review of an administrative law judge’s adverse decision on claimant’s workers’ compensation claim. The commission found that claimant’s application failed to meet ...

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Criminal Law: Assault-Sufficiency of Evidence of Serious Physical Injury

Defendant appealed his conviction for second-degree assault, arguing that the evidence at trial was insufficient to show defendant caused serious physical injury to the victim because the victim had not suffered a “protracted impairment” of the function of any part ...

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Criminal Law: Assault-Ineffective Assistance of Plea Counsel

As part of a negotiated plea agreement, defendant pleaded guilty to assault, domestic assault and resisting arrest. He received concurrent seven-year sentences for the assault charge and a consecutive three-year sentence for resisting arrest. Defendant unsuccessfully moved for post-conviction relief, ...

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Driver’s License: Review of Suspension-Exhaustion of Administrative Remedies

Petitioner appealed from the trial court’s grant of respondent’s motion to dismiss petitioner’s petition for review of the suspension of his driving privileges, following petitioner’s DWI arrest. In support of its motion to dismiss, respondent argued that petitioner had failed ...

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