Missouri Lawyers Media Missouri legal news and public notices

  Where a defendant in a first-degree murder case argued that his trial counsel were ineffective for failing to question a juror who said that he was a published author and whose book, which was briefly shared with other jurors, ...

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

  Where the state challenged a judgment that declared a restriction in an appropriations bill to be unconstitutional and that permanently enjoined the state from firing an administrative law judge targeted by the restriction, the trial court properly found that ...

Tagged with: ALJ Termination Appropriations Statute

  Where a state resident filed a declaratory judgment action against the governor and lieutenant governor, challenging the governor’s authority to appoint the lieutenant governor, the state resident had standing to proceed as a taxpayer, and the governor had plenary ...

Tagged with: Authority Civil Official Appointment Standing

  (1)Where defendant challenged his convictions for first-degree and second-degree murder, the trial court erred by refusing to submit a proposed instruction that instructed on the lesser-included offenses of second-degree murder and involuntary manslaughter because there was sufficient evidence from ...

Tagged with: Closing Arguments Criminal Law jury instructions Sudden Passion

  Where the state violated the rules of discovery in a drug case by failing to timely disclose a recorded statement made by the defendant that amounted to an admission of guilt, the defendant did not request a continuance, which ...

Tagged with: Criminal Law Discovery Violation Late Disclosure “Fundamental Unfairness”

  Where car buyers, who defaulted on their loans and had their vehicles repossessed, sued a credit company, and the company sought a writ of prohibition barring the trial court from taking any action other than vacating the order granting ...

Tagged with: civil practice class certification Overly Broad Class

Plaintiff and his former employer cross-appealed the jury verdict awarding plaintiff damages in his disability-discrimination and wrongful-termination claim. Plaintiff was diagnosed with chronic muscular dystrophy; believing he was being discriminated against due to his disability, plaintiff ultimately applied for and ...

Tagged with: disability discrimination Employment Law Judicial Estoppel Long-Term Disability Benefits

  Defendant submitted to a breathalyzer test, which showed that his BAC was .087, more than the legal limit of .08. Defendant challenged his subsequent suspension of his driver’s license, alleging that the failure to comply with collateral recordkeeping requirements ...

Tagged with: Collateral Recordkeeping Requirements DUI Suspension of License

Defendant challenged his charge of sexual misconduct involving a child by indecent exposure, following an alleged consensual sexual encounter between defendant, then 18 years old, and defendant’s 14-year-old girlfriend. Defendant argued that the statute was unconstitutional as applied because it ...

Tagged with: constitutionality Criminal Law Criminalization of Legal Conduct Indecent Exposure to a Child

  Defendant was charged with DUI and had his license revoked after he refused to complete field-sobriety tests or submit to a breathalyzer. Police got a warrant to obtain defendant’s BAC, which showed levels of .052 and .039. Defendant sought ...

Tagged with: Criminal Law DUI Motion To Dismiss Preliminary Writ Granting Relief

  Defendants appealed from the denial of their motions to retax their court costs, after the trial court taxed their board bills from their county jail incarcerations against them as part of their court costs. Each defendant had paid some ...

Tagged with: Board Bill Court Costs Criminal Law Reincarceration