Missouri Lawyers Media Missouri legal news and public notices

Where appellant challenged the grant of a prescriptive easement for its property to respondent for ingress and egress, the evidence was sufficient to support the judgment even though the respondent had previously sought an easement from the appellant, and the ...

Tagged with: Prescriptive Easement Real Property Sufficiency Of Evidence

  Where a landowner challenged a judgment entered to enforce an earlier judgment that partitioned in kind several tracts of real property pursuant to the terms of a settlement agreement, the landowner’s first two points on appeal arguing that a ...

Tagged with: Partition Order Real Property Survey

Where the state challenged the exclusion of a drunk driver’s breath test, which the trial court based on the officer’s failure to sign the certification on the blood-alcohol test report, the court erred because the director had provided a sufficient ...

Tagged with: Breath Test Exclusion Criminal Law Driver's License DWI

Where a defendant, who had mental health issues, challenged his conviction for sexual misconduct with a child, the trial court did not err in finding that a deferred-prosecution agreement was valid because the defendant’s waiver was knowing and voluntary, and ...

Tagged with: Criminal Law Deferred-Prosecution Agreement Mental Disease Sexual Misconduct

Where a defendant challenged his conviction for first-degree property damage, the trial court did not err in failing to instruct the jury that it had to find that the defendant did not act under a claim of right because the ...

Tagged with: Claim-Of-Right Defense Criminal Law property damage

Where a defendant challenged the denial of post-conviction relief, the motion court did not err in finding that the defendant’s pro se motion was untimely filed, and it was irrelevant that the state failed to raise the issue, so the ...

Tagged with: Criminal Law Post-Conviction Relief Pro Se Motion timeliness

Where evidence showed that the defendant in a child-molestation case touched the victim on at least two separate incidents, the verdict director submitted failed to differentiate between the separate acts in a way that ensured that the jury unanimously convicted ...

Tagged with: child molestation Criminal Law Unanimous Verdict Verdict Director

Plaintiffs filed an adverse possession suit against defendants, who cross-claimed for adverse possession. The trial court concluded defendants had proven their claim for adverse possession and directed plaintiffs to remove themselves and any personal property from the parcel. The trial ...

Tagged with: Adverse Possession Civil Contempt Real Property Removal of Fencing

  Defendant appealed the denial of his motion for post-conviction relief following his conviction for stealing a motor vehicle. In his motion, defendant asserted ineffective assistance of counsel, who allegedly erroneously advised defendant he could not be convicted because there ...

Tagged with: Criminal Law Erroneous Advice ineffective assistance of counsel Post-Conviction Relief

Defendant was convicted of felony resisting arrest and felony possession of a controlled substance. Defendant appealed his conviction on the possession charge, arguing that the trial court erred in denying his motion for judgment of acquittal because the evidence at ...

Tagged with: Criminal Law Motion for Judgment of Acquittal Possession of a Controlled Substance Sufficiency Of Evidence

Relator sought a writ of prohibition or mandamus directing the trial court to sustain his motion to dismiss with prejudice two counts in his criminal information relating to domestic assault and victim-tampering. The court previously issued a preliminary writ of ...

Tagged with: Criminal Law Dismissal of Charges domestic assault Writ Of Prohibition