Please ensure Javascript is enabled for purposes of website accessibility
Don't miss
Home / Opinions / Courts / Court of Appeals, Southern District (page 24)

Court of Appeals, Southern District

To look for specific case numbers, use the search box at the top right of this page. Type in the case number (for example: 20-3170) into the box, and if the opinion is available, it will be in the results.

Civil Practice: Workers’ Compensation Subrogation Lien-Reimbursement Amount-Comparative Fault

Where an insurer challenged a summary judgment against it on a petition to declare the reimbursement amount for a workers’ compensation-subrogation lien, the trial court had subject matter jurisdiction, and any error related to the court’s comparative fault determination was ...

Read More »

Civil Practice: Rule 74.06(b)-Timeliness

Where a bank challenged the denial of a trial court judgment denying its Rule 74.06(b)(3) motion to set aside a judgment entered against it, the bank had the burden to show that it was entitled to relief, and the judgment ...

Read More »

Criminal Law: Statutory Sodomy-Clothing of Testifying Victim-Attempt to Influence Jury

Defendant was convicted of first-degree statutory sodomy and sentenced to life imprisonment. On appeal, defendant argued that the trial court, despite defendant’s objection, erroneously allowed the child victim to testify while wearing a jacket from Bikers Against Child Abuse because ...

Read More »

Criminal Law: Post-Conviction Relief-Distribution of Controlled Substances-Ineffective Assistance of Counsel

Defendant was found guilty of selling controlled substances to an undercover officer and was sentenced as a persistent offender to serve 20 years’ incarceration. Defendant filed a motion for post-conviction relief, alleging 24 instances of ineffective assistance of counsel. The ...

Read More »

Criminal Law: Motion to Set Aside Conviction-Legality of Sentence-Ineffective Assistance of Counsel

Defendant moved to set aside his convictions for statutory sodomy, arguing that his sentence was illegal because his parole was conditioned on an admission of guilt even though he entered an Alford plea, and because plea counsel was ineffective for ...

Read More »

Workers’ Compensation: Death Benefits-Sufficiency of Evidence-Substitution of Party

Where an employer challenged an award of death benefits to a deceased worker’s son after he was substituted as a personal representative after the worker’s husband died, the evidence was sufficient to support the finding that the work-related ankle injury ...

Read More »

Criminal Law: Forcible Sodomy-Forcible Compulsion-Sufficiency of Evidence

  Where a defendant challenged his conviction for forcible sodomy, arguing that the state failed to show the necessary element of forcible compulsion, the judgment is affirmed because a reasonable juror would find that the defendant used forcible compulsion to ...

Read More »

Criminal Law: Child Molestation-‘Ritual or Ceremony’-Multiple Abusers

Where a defendant challenged his conviction for class A first-degree child molestation, the defendant was convicted under Section 566.067, which specified that the molestation was part of a “ritual or ceremony” defined as an act or series of acts performed ...

Read More »