Missouri Lawyers Media Missouri legal news and public notices

These opinions were released by the Missouri Court of Appeals, Western District.

These opinions were released by the Missouri Court of Appeals, Western District.

Where the state challenged the grant of a motion to suppress in a case involving the warrantless search of defendant’s automobile, the officer’s search of the vehicle and the defendant’s first aid kit was unreasonable because it was performed without ...

Tagged with: Incident To Arrest Terry stop Warrantless Search

Where the department of corrections challenged a judgment in favor of respondent, who requested that the trial court retroactively apply the 2017 repeal of Section 195.295 and declare him immediately eligible for parole, the defendant’s parole eligibility was fixed by ...

Tagged with: Parole Eligibility Section 195.295

Where a claimant of unemployment benefits challenged decisions of the Labor and Industrial Relations Commission, the claimant did not timely seek review of the denial of her claim for benefits and of the finding that there was an overpayment, so ...

Tagged with: denial of benefits Overpayment

Where a claimant of unemployment compensation challenged the denial of benefits, the commission erred in finding that the claimant was disqualified from receiving benefits because he violated the employer’s rule against poor performance because a general rule prohibiting poor performance ...

Tagged with: denial of benefits Misconduct Poor Performance Rule

Where a defendant challenged the denial of his post-conviction relief motion as untimely, the motion court was required to give appointed counsel the opportunity to file the amended motion to assert any additional facts including that the pro se motion ...

Tagged with: Post-Conviction Relief timeliness

Where defendant challenged the denial of post-conviction relief without an evidentiary hearing, the defendant’s claim that counsel was ineffective for failing to prepare for trial was refuted by the record, and the claim that counsel failed to advise the defendant ...

Tagged with: effectiveness of counsel Post-Conviction Relief

Where the Department of Corrections challenged the grant of judgment on the pleadings to a defendant who sought the retroactive application of the repeal of Sections 195.222 and 195.296 to his sentence to render him eligible for parole, under recent ...

Tagged with: Parole Eligibility Retroactivity

Where a defendant argued that the repeal of the parole ineligibility provision rendered him eligible for parole, parole ineligibility was a mandated part of the defendant’s sentence, and the trial court was not authorized to change the sentence retroactively. Judgment ...

Tagged with: Parole Eligibility-Retroactive Change

Where a defendant’s convictions including first-degree assault were vacated when the habeas court granted relief based on an undisclosed and exculpatory fingerprint, and the state then filed a petition for a writ of certiorari, the  habeas court did not abuse ...

Tagged with: Brady violation Habeas Relief