Missouri Lawyers Media Missouri legal news and public notices

Defendant pleaded guilty to theft of at least $500; subsequently, the Missouri Supreme Court issued a ruling that the plain language of defendant’s offense did not allow enhancement to a felony. Defendant moved for post-conviction relief, but the motion court ...

Tagged with: Criminal Law Felony Enhancement Post-Conviction Relief theft

Plaintiffs filed suit against defendant based on alleged defects in a vehicle plaintiffs purchased new from defendant, prompting request for rescission of the sales contract. The trial court granted summary judgment to defendant, ruling that plaintiffs had an adequate remedy ...

Tagged with: contracts Rescission Valid Warranty Violation of Appellate Briefing Rules

Where a personal representative and heirs challenged a trial court judgment, which held that the estate did not have an interest in certain property, the judgment is affirmed because the appellants’ points failed to challenge any factual proposition necessary to ...

Tagged with: Interest In Property probate Stipulation

Where the state challenged a trial court order granting defendant driver’s motion to suppress in a DWI case, the judgment is reversed and remanded because the driver failed to signal in a manner required by statute, so the traffic stop ...

Tagged with: Criminal Law DWI traffic stop Warrantless Seizure

Defendant was charged with statutory sodomy and statutory rape. During trial, a juror asked the trial court to reposition defendant to observe his demeanor. Defense counsel obliged to the request. On appeal, defendant argued that the trial court committed plain ...

Tagged with: Criminal Law Defendant's Demeanor as Evidence Jury Observation of Defendant statutory rape

Minor appealed the trial court’s adjudication of delinquency finding him guilty “by clear, cogent and convincing evidence” of acts that would have been crimes if committed by an adult. On appeal, minor argued that the trial court failed to apply ...

Tagged with: Criminal Law Criminal Offenses Juvenile Delinquency Standard Of Proof

Defendant was pulled over; due to her combative behavior and dilated pupils, officers suspected impairment and administered field sobriety tests. Defendant admitted to smoking marijuana and tested positive for THC. Defendant was charged with and convicted for felony DWI as ...

Tagged with: Criminal Law DWI Persistent Offender speedy trial

Where a defendant struck a woman so hard on the back of the head that she lost consciousness, then he dragged her to a ditch and held her head under water, a reasonable juror could conclude that the defendant’s actions ...

Tagged with: Assault Criminal Law Serious Physical Injury

Husband of a trust settlor claimed ownership of his deceased wife’s checking account by virtue of the POD designation naming husband. Settlor’s son, the trust’s trustee, argued that settlor had transferred the account to the trust. Where documents purporting to ...

Tagged with: Bank Account Ownership probate Transfer to Trust

Defendant canceled a homeowners’ Insurance policy for nonpayment and notified LexisNexis of the cancellation, pursuant to an agreement to notify mortgagees of actions taken against defendant’s policies. When the formerly insured home suffered a fire, the mortgagee filed suit, arguing ...

Tagged with: breach of contract Failure to Notify Indemnification Insurance

Defendant was arrested when she, a prior felon, was a passenger in a vehicle containing loaded firearms. Defendant moved for judgment of acquittal, claiming the weapons were in the vehicle when her husband purchased them and that she had only ...

Tagged with: Criminal Law Sufficiency Of Evidence Unlawful Possession of a Weapon Verdict Prior to Closing Argument