Lakeridge Enterprises, Inc. v. Knox, et al. (MLW No. 60197/Case No. WD70444 – 7 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where a buyer in a real estate transaction brought claims of breach of contract and fraudulent misrepresentation ...
Read More »Employer – Employee: Municipal Judge Appointment – MHRA – ‘Employee’
Howard v. City of Kansas City (MLW No. 60203/Case No. WD69803 – 15 pages) Where a woman who was nominated, but not selected, for an appointment as a municipal judge brought an action against the city under the Missouri Human ...
Read More »Criminal Law: Post-Conviction Relief – Guilty Pleas – Prejudice
Cherco v. State (Case No. WD70071 – 21 pages) (1)Where a defendant was fully questioned about his understanding of the proceedings involved in his guilty plea, the motion court did not err in finding the plea to be voluntary and ...
Read More »Criminal Law: Victim Tampering – Sufficiency Of Evidence – Telephone Access
State v. Brashier (MLW No. 60175/Case No. WD70077 – 6 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where a defendant, who was charged with first-degree assault, burglary and victim tampering, pulled the telephone wires at the victims’ apartment ...
Read More »Criminal Law: Terry Stop – Reasonable Suspicion – Presence At Drug Transaction
State v. Peery (MLW No. 60172/Case No. WD71070 – 12 pages) (Missouri Court of Appeals, Western District, Pfeiffer, P.J.) Where a defendant argued that officers lacked reasonable suspicion for a Terry stop of his vehicle, the trial court’s grant of ...
Read More »Civil Practice: Order Of Protection – Attorney’s Fees – Non-Attorney
Afridi v. Auman (MLW No. 60174/Case No. WD70090 – 5 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Where a non-attorney successfully defended himself in a proceeding brought by his landlord who sought an order of protection against him, ...
Read More »Tort: Defamation – Tortious Interference – Damages
Topper v. Midwest Division, Inc., et al. (MLW No. 60173/Case No. WD70323 – 21 pages) Where a doctor who directed a neonatal group brought claims of defamation and tortious interference with contract after he was fired, misrepresentations of a doctor’s ...
Read More »Witt appointed to Western District
After a tumultuous few years, the Missouri Court of Appeals Western District will soon be back to full staff. Judge Gary D. Witt [left] was appointed on Friday to fill the last open vacancy on the Kansas City-based state appeals court. It will be the first time in a year that the court will have all 11 judgeships filled.
Read More »Criminal Law: Sentencing – Prior Municipal Offense – DWI
State ex rel. Koster v. Jackson (MLW No. 60133/Case No. WD71165 – 9 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Even though a defendant who pleaded guilty to driving while intoxicated failed to challenge his sentencing as a ...
Read More »Criminal Law: Post-Conviction Motion – Sentencing Reduction – Habeas Relief
Weir v. State (MLW No. 60134/Case No. WD70807 – 4 pages) (Missouri Court of Appeals, Western District, Welsh, P.J.) Where a defendant filed a pro se motion for post-conviction relief seeking a reduction of his sentence for armed criminal action ...
Read More »Real Property: Wrongful Eviction – Sharecropper – Termination Notice
Hoffman v. Estate of Jack Siler (MLW No. 60106/Case No. WD70247 – 12 pages) (Missouri Court of Appeals, Western District, Smart, J.) Where farmers who worked on a landowner’s property made all of the decisions about what, where and when ...
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