Missouri Lawyers Media Missouri legal news and public notices

Where a defendant charged with a DWI as a prior offender challenged the testimony given by a police officer about her intoxication, arguing that a new law prohibited expert opinions about whether the defendant had a mental state or condition ...

Tagged with: DWI expert testimony Mental Condition

Where a wife challenged a trial court’s dismissal of her motion to set aside a judgment of dissolution on the grounds of alleged fraud, arguing that the court erred by granting the husband’s motion for judgment on the pleadings because ...

Tagged with: Deceased Party fraud jurisdiction

Where a defendant who sought jail-time credit while on probation brought a pro se appeal of a judgment that denied his petition for a writ of mandamus, the brief contained substantial deficiencies and the defendant failed to file a record ...

Tagged with: Inadequate Brief Jail Time Credit

Where a petitioner in a civil case filed a writ of mandamus asking the trial court to enter a final, appealable judgment after the parties disputed whether a docket entry constituted such a judgment, the docket entry granted a motion ...

Tagged with: Docket Entry Judgments

(1)Where a husband involved in a dissolution challenged the trial court’s grant of his attorney’s motion to withdraw and the denial of his motion for a continuance, the motion to withdraw was accompanied by the husband’s written consent to the ...

Tagged with: Attorney Withdrawal Continuance Division Of Property

Where a woman, who was injured in a fall from a porch when a railing broke, sued the property owner for premises liability, the plaintiff was a licensee on the property, and she did not produce evidence that the owner ...

Tagged with: Actual Knowledge Dangerous Condition premises liability

Where a city employer challenged the grant of death and burial benefits under the Missouri Workers’ Compensation Act to the wife of a deceased employee, competent evidence established the required nexus between the decedent’s occupational exposure to carcinogenic fumes, smoke ...

Tagged with: Death Benefits Firefighter Decedent Occupational Disease

(1)Where plaintiff car buyers secured a judgment in an action alleging fraudulent misrepresentation under the Missouri Merchandising Practices Act against defendants and the defendants’ insurer was sued after denying coverage of the original MMPA action, an equitable garnishment judgment entered ...

Tagged with: Covered Occurrence equitable garnishment Sanctions

Where appellant challenged the finding that he was a sexually violent predator, the trial court did not abuse its discretion in refusing to enter his proposed jury instruction limiting hearsay because the instruction failed to acknowledge that substantial portions of ...

Tagged with: hearsay Jury Instruction probate SVP Determination

Where a defendant in a drug and firearm case challenged the denial of a motion to suppress, arguing that a search warrant did not authorize the search of the garden, the trial court properly found that the garden was located ...

Tagged with: Criminal Law curtilage Scope Of Warrant Search

  Where a defendant argued that his counsel was ineffective for failing to object to certain jury instructions, the amended Rule 29.15 motion was filed four days after it was required to be filed, so the motion was untimely, and ...

Tagged with: Abandonment Criminal Law effectiveness of counsel Post-Conviction Relief