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Court of Appeals, Southern District

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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Real Property: Adverse Possession-Removal of Fencing-Civil Contempt

Plaintiffs filed an adverse possession suit against defendants, who cross-claimed for adverse possession. The trial court concluded defendants had proven their claim for adverse possession and directed plaintiffs to remove themselves and any personal property from the parcel. The trial ...

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Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel-Erroneous Advice

  Defendant appealed the denial of his motion for post-conviction relief following his conviction for stealing a motor vehicle. In his motion, defendant asserted ineffective assistance of counsel, who allegedly erroneously advised defendant he could not be convicted because there ...

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Criminal Law: Possession of a Controlled Substance-Motion for Judgment of Acquittal-Sufficiency of Evidence

Defendant was convicted of felony resisting arrest and felony possession of a controlled substance. Defendant appealed his conviction on the possession charge, arguing that the trial court erred in denying his motion for judgment of acquittal because the evidence at ...

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Criminal Law: Domestic Assault-Writ of Prohibition-Dismissal of Charges

Relator sought a writ of prohibition or mandamus directing the trial court to sustain his motion to dismiss with prejudice two counts in his criminal information relating to domestic assault and victim-tampering. The court previously issued a preliminary writ of ...

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