Missouri Lawyers Media Missouri legal news and public notices

Mother appealed from the judgment establishing paternity and determining child custody, child support and parenting time. Mother argued that the trial court’s adoption of father’s parenting plan was against the weight of the evidence, exceeded the scope of the matter ...

Tagged with: Child Custody paternity

Where a defendant challenged the dismissal of her pro se motion for post-conviction relief as untimely, the defendant was denied a critical piece of evidence proving the date on which her motion was mailed because the clerk failed to fulfill ...

Tagged with: Active Interference Exception Mailbox Rule Post-Conviction Relief

Where appellant challenged the dismissal of his petition for expungement of his 1970 conviction for felony possession of a stimulant drug, the trial court erred by finding that the appellant was ineligible for expungement based on a subsequent felony conviction ...

Tagged with: eligibility Expungement Time-Period Requirements

Defendant was convicted of sexual exploitation of a minor and possession of child pornography arising from a recorded video on his cell phone. On appeal, defendant argued that his conviction violated double jeopardy because possession of child pornography was a ...

Tagged with: Child Pornography Double Jeopardy

Defendant appealed from his conviction for first-degree assault and armed criminal action, arguing that the trial court erred in denying his motion for mistrial because the state inadvertently had revealed to the jury, in response to a venireperson’s statement, that ...

Tagged with: Assault Evidence of Prior Criminal Convictions

Where appellant challenged a trial court order dismissing respondent as a party in a dispute involving corporate assets and liability, the Fair Labor Standards Act and the state’s minimum-wage law required the application of the economic realities test and the ...

Tagged with: Dismissal of Party Economic-Realities Test FLSA

Where a tenant in a commercial-lease agreement challenged an adverse judgment for the landlord on the landlord’s breach of lease and guaranty claims, under the lease provisions the parties clearly intended rents from reletting to offset any damages owed by ...

Tagged with: Alterations to Premises Commercial Lease Disgorgement of Attorneys’ Fees

Where insurers challenged a partial summary judgment to respondent awarding an equitable garnishment of more than $5 million to respondent in a dispute arising from respondent’s claims of malicious prosecution and civil-rights violations against a city and police defendants, the ...

Tagged with: ambiguity equitable garnishment

Where defendant challenged his convictions including one for felony tampering with physical evidence, the defendant voluntarily admitted to the crime during his testimony and closing argument, so he was bound by the judicial admissions, and the state’s improper “acquittal first” ...

Tagged with: Sufficiency Of Evidence Tampering with Evidence

1)Where a defendant, who was convicted of charges including voluntary manslaughter, challenged the denial of his Batson challenge, the state gave appropriate, race-neutral reasons for striking an African American venireperson, and in a reverse-Batson issue, the trial court’s denial of ...

Tagged with: Batson challenge Expectation Of Privacy text messages

Where appellants, who brought an action against their landlord alleging damages from a bedbug infestation, challenged the denial of their motion to amend the judgment to award them attorneys’ fees on their claims under the Missouri Merchandising Practices Act, the ...

Tagged with: Attorney's fees MMPA Punitive Damages