Missouri Lawyers Media Missouri legal news and public notices

Where an incident report relied upon by the court was detailed, convincing and included statements from witnesses, a criminal defendant failed to show that the district court’s reliance on the report during sentencing was plain error, and the court did ...

Tagged with: Criminal Law evidentiary hearing sentencing

Where a bank officer who was found guilty on charges of conspiracy, forged securities, embezzlement and mail fraud challenged her sentence, the district court’s findings were sufficient and showed that the judge considered the defendant’s legal argument concerning income diverted ...

Tagged with: Criminal Law Embezzlement Loss Calculation sentencing

Where a defendant who pleaded guilty to possession with intent to distribute 50 grams or more of methamphetamine contested the determination of the drug quantity, the court discredited testimony from the defendant relevant to drug quantity, and the court’s method ...

Tagged with: Criminal Law Drug Quantity sentencing

Where a defendant did not admit the elements of aiding and abetting the distribution of crack cocaine, the court did not commit plain error by refusing to enter a guilty plea for the defendant, and the court properly imposed a ...

Tagged with: Crack Cocaine Criminal Law Guilty Plea sentencing

Where a criminal defendant, who sought federal habeas corpus relief, properly filed a motion to reopen post-conviction proceedings in Missouri, the motion was an “application for State post-conviction or other collateral relief” and the motion was “with respect to the ...

Tagged with: Criminal Law Habeas Petition Post-Conviction Motion Tolling

Where defendant was convicted of embezzlement from an Indian tribal organization in connection with the tribe’s employee pay-advance program, the government showed that the defendant, who was the tribe’s finance committee coordinator, received and retained pay-advance funds in violation of ...

Tagged with: Criminal Law Embezzlement Indian Tribe Sufficiency Of Evidence

Where a professor terminated by a university brought constitutional and state-law claims of breach of contract against the university’s board of trustees and other defendants, summary judgment for the defendant was proper because the plaintiff failed to show that the ...

Tagged with: Constitutional due process Termination

Where a deputy sheriff brought a civil rights action claiming he was unlawfully terminated in violation of his liberty and property interests, the sheriff failed to exhaust his state remedies so the court lacked jurisdiction over the property interest claim, ...

Tagged with: civil rights due process

(1)Where a plaintiff sued a city and police chief in connection with the chief’s photographing of the plaintiff’s tattoo after she was arrested, the district court did not abuse its discretion in striking the plaintiff’s photographic exhibit for lack of ...

Tagged with: civil rights

Where a veteran, who claimed that officials and doctors of the Department of Veterans Affairs interfered with his right to get private medical care by withholding from him a diagnosis of post-traumatic stress disorder, sued in federal court claiming the ...

Tagged with: civil rights jurisdiction Post-Traumatic Stress Disorder

Where a prisoner claimed he received constitutionally inadequate medical care after he was injured during arrest, summary judgment for the defendants is affirmed because the prisoner failed to show that the nursing staff supervisor was deliberately indifferent to his medical ...

Tagged with: civil rights Deliberate Indifference Inmate Action Medical Care