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Court of Appeals, Western District

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Missouri Court of Appeals Western District: Criminal law

Second-degree assault; DWI WD69152 State of Missouri, Respondent, v. Mark A. Royal, Appellant Appeal From: Jackson County Circuit Court, Judge James D. Williamson, Jr. Handdown Date: 3/3/2009 Opinion Author: Judge Thomas H. Newton Opinion Vote: Judges Ellis and Welsh, concur ...

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Real Property: Foreclosure Sale – Bidding Error – Equitable Relief

Where a mortgage company sought equitable relief after it inadvertently extinguished the indebtedness of a debtor, precluding enforcement of the additional collateral securing its note, when it made a “full credit bid” at a foreclosure sale, the trial court did ...

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Criminal Law: Second-Degree Assault – DWI – Lesser-Included Offense

Where a defendant was convicted of driving while intoxicated, second-degree assault and second-degree murder, the evidence was sufficient to sustain a finding of driving while intoxicated, but the DWI conviction is reversed and remanded for vacation of that sentence because ...

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Criminal Law: Double Jeopardy – Drug Distribution – Sufficiency Of Evidence

(1)Where evidence showed that a defendant selected a particular bag of marijuana to sell to an informant and answered informant’s questions regarding the quantity and quality of the drug, the evidence was sufficient to find that the defendant knew the ...

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Arbitration: Loan Agreement – Proper Party – ‘Successors And Assignee’

Where borrowers who claimed they were not properly credited for loan payments identified defendant as the party to which they were obligated to make payments, the borrowers acknowledged that the defendant had been assigned the rights of the lender, so ...

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Domestic Relations: Marital Property – Personal Injury Settlement – Monthly Payments

(1)Where a trial court in a dissolution found that monthly annuity payments from a personal injury settlement entered into by the husband were the husband’s non-marital property, the judgment is affirmed because the husband refuted the presumption that the payments ...

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Criminal Law: Double Jeopardy – State And Federal Prosecution – Dual Sovereignty

Where a defendant was convicted in federal court and then state court on charges of possessing the same machine guns, double jeopardy does not prohibit the prosecution under the principle of dual sovereignty. Judgment is affirmed. State v. George (MLW ...

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Criminal Law: Double Jeopardy – Child Pornography Charges – Lesser-Included Offense

Where a defendant who pleaded guilty to possessing child pornography in Clay County was then charged with promoting child pornography in Platte County, the charges against the defendant arose from the same conduct, which was possession of the same file, ...

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