Missouri Lawyers Media Missouri legal news and public notices

Where the state challenged the grant of a petition for expungement for respondent’s 2010 conviction for peace disturbance, arguing that the time frame that should be considered is the three years following the completion of the sentence for each conviction ...

Tagged with: Criminal Law Expungement Time Period

Where a defendant in a domestic-assault case argued that the trial court erred in failing to intervene when a witness offered allegedly improper character and propensity testimony when the witness said he assumed the defendant “had a court date somewhere,” ...

Tagged with: Character Evidence Criminal Law Propensity Evidence Uninvited Reference

Where a genealogy service, which was sued by plaintiffs who claimed that their private health information was released without permission, sought to compel arbitration, the parties delegated threshold questions of arbitrability to the arbitrator, and the trial court erred in ...

Tagged with: Arbitration Consideration Delegation Provision Motion To Compel

Where the Real Estate Commission challenged the Administrative Hearing Commission’s grant of a probationary license to an applicant for a Missouri real estate sales license, the trial court’s judgment reversing the decision is reversed because the grant of the probationary ...

Tagged with: Administrative Denial Of Application Probationary License Real Estate Sales License

Where a trial court dismissed a defendant employer’s motion to dismiss in an age-discrimination action, agreeing with the employer’s argument that the court lacked subject-matter jurisdiction because there was not an allegation in the petition that the plaintiff had received ...

Tagged with: MHRA Right-To-Sue Letter Subject Matter Jurisdiction

Where a defendant challenged his conviction for felony criminal nonsupport, there was sufficient evidence to support the conviction because the state was not required to establish as an essential element that the total arrearage accrued within a three-year period. Judgment ...

Tagged with: Criminal Law Felony Nonsupport Sufficiency Of Evidence

Where a defendant, who was convicted of the murder of her husband, sought post-conviction DNA testing, the judgment is affirmed because the trial court properly considered the impact that such evidence would have on the jury as well as the ...

Tagged with: Capital Murder Criminal Law Denial Of Motion DNA testing

Where a plaintiff, who claimed that she was sexually harassed and assaulted as a kindergartner by other students, sued the school district and three employees, and the school district sought summary judgment on the basis that sovereign immunity barred the ...

Tagged with: Liability Insurance Public Accommodation Sovereign Immunity

Where a mass-transit district challenged the dismissal of its petition for review of a right-to-sue letter issued to a blind bus customer by the Missouri Commission on Human Rights, the commission did not exceed its authority in issuing the right-to-sue ...

Tagged with: civil rights judicial review MHRA Right-To-Sue Letter

Where appellant, who was the sole beneficiary of a trust, brought an action against the trustee for breach of trust and removal after he stopped receiving monthly distributions, the trial court did not err in granting the trustee’s motion for ...

Tagged with: Breach of Trust Enforceability No-Contest Clause probate

Where a defendant challenged his conviction for first-degree robbery, the evidence was sufficient to support the conviction, but the trial court erred by omitting the definition of “dangerous instrument” from the instruction, so the judgment is reversed and remanded for ...

Tagged with: Criminal Law Dangerous Instrument Jury Instruction robbery