Missouri Lawyers Media Missouri legal news and public notices

  Defendant distributed heroin to his 19-year-old girlfriend, who ingested the drug and died as a result. Defendant pled guilty to distribution of heroin to a person under 21, in exchange for the dismissal of a charge of distribution resulting ...

Tagged with: Abuse of Discretion Criminal Law Distribution of Heroin Upward Guidelines Departure

  Where a defendant challenged the exclusion of evidence regarding the taser certification of two officers involved in the arrest, the trial court did not abuse its discretion in excluding impeachment evidence that was not legally relevant, and the judgment ...

Tagged with: Batson challenge Criminal Law Exclusion Officer’s Testimony -

  Where a wife challenged the probate division’s denial of her motion to remove the public administrator as the guardian and conservator for her incapacitated husband and to appoint herself and her daughter as successors, there was no statutory basis ...

Tagged with: Attorney's fees Guardianship probate Removal

  Where a defendant challenged the denial of post-conviction motion without the appointment of counsel, the motion court clearly erred in denying the defendant’s request since Rule 29.15 requires the appointment of counsel when an indigent defendant files a pro ...

Tagged with: Appointment Of Counsel Criminal Law Indigent Defendant Pro Se Motion

  Where a mother challenged a trial court’s modification of child custody and child support, the judgment is reversed because no evidence was presented at the hearing on the father’s motion regarding custody to show a change in the circumstances ...

Tagged with: Child Custody Family Law Modification Sufficiency Of Evidence

  Defendant pled guilty to bank robbery and the district court sentenced him to a within-Guidelines sentence of 108 months’ incarceration. On appeal, defendant argued that his sentence was substantively unreasonable, contending that the district emphasized aggravating factors at the ...

Tagged with: Bank Robbery Criminal Law Substantive Reasonableness of Sentence Within-Guidelines Range Sentence

  Where a defendant in an assault case challenged the admission of hearsay statements made by the victim, the judgment is affirmed because the defendant did not show that the state failed to lay a proper foundation for the victim’s ...

Tagged with: Criminal Law Foundation hearsay Prior Inconsistent Statements

  Where a prisoner sought a release to probate or a hearing on whether probation should be granted, arguing that his failure to complete the 120-day treatment program was due to an improper calculation of the 120-day period by the ...

Tagged with: 120-Day Program Criminal Law Date Calculation probation

Defendant appealed from his guilty plea to drug and firearm offenses, pursuant to a plea agreement that contained an appeal waiver. On appeal, appellate counsel’s Anders brief raised questions of trial counsel’s ineffectiveness for failing to object to Guidelines enhancements ...

Tagged with: appeal waiver Criminal Law ineffective assistance of counsel Substantive Reasonableness of Sentence

  Where city defendants sued a professional football team, team owners and the league in an action arising from the team’s relocation, and the defendants moved to compel arbitration, a American Arbitration Association rule from 2003 did not provide clear ...

Tagged with: Arbitration contracts Contractual Intent

On remand, the district court reconsidered plaintiff’s unjust enrichment claim against defendant. The district court again denied the claim, ruling that, although plaintiff had conferred a benefit upon defendant, it would not be inequitable for defendant to retain that benefit ...

Tagged with: Contract Law Earned Benefit Equitable Retention of Benefit unjust enrichment