Missouri Lawyers Media Missouri legal news and public notices

Where a defendant, who pleaded guilty to a firearm offense, challenged the substantive reasonableness of his sentence, the district court did not impose an unreasonable sentence, and the judgment is affirmed. Judgment is affirmed. U.S. v. McKee (MLW No. 74754/Case ...

Tagged with: Reasonableness sentencing

Where a defendant, who pleaded guilty to the distribution of child pornography, challenged his sentence, the district court did not abuse its discretion in imposing the below-guidelines sentence, and the court adequately explained the sentence and did not err in ...

Tagged with: Reasonableness sentencing

Where a defendant in a methamphetamine case challenged the enhancement of his sentence, the district court did not err in applying the career-offender enhancement, and the drug-premises enhancement was also proper, so the judgment is affirmed. Judgment is affirmed. U.S. ...

Tagged with: Enhancement sentencing

Where a defendant who pleaded guilty to being a felon in possession of a firearm challenged a four-level enhancement, the record supported the finding that the defendant had the requisite intent to distribute, so the judgment is affirmed. Judgment is ...

Tagged with: Enhancement intent Sentencing­

Where a defendant challenged the denial of his motion to withdraw his guilty plea, arguing that he was misled or induced to plead guilty, the challenge was to the voluntariness of his plea and was time-barred. Appeal is dismissed. State ...

Tagged with: Guilty Plea Motion To Withdraw timeliness

Where a defendant argued that a trial court erred when it refused to sever resisting-arrest and gun charges from child-molestation and statutory rape charges, the sex offense charges provided the basis for the state to bring the other charges and ...

Tagged with: child molestation Severance

Where a claimant challenged the denial of permanent total disability benefits, the Labor and Industrial Relations Commission erred by requiring the physician who testified about the claimant’s work-related injury to state an opinion on the claimant’s ability to obtain future ...

Tagged with: Future Employment Physician Testimony PTD

Where an insurer challenged a judgment for an insured who sought uninsured motorist benefits after an auto accident, the insured made a submissible case on the insurer’s vexatious refusal to pay, and the trial court did not err in allowing ...

Tagged with: deposition testimony Sufficiency Of Evidence Vexatious Refusal

Where a motion court overruled defendant’s pro se motion for post-conviction relief on the merits, the defendant failed to allege any facts showing that his motion was timely or that the untimely filing fell into a recognized exception, so the ...

Tagged with: Post-Conviction Relief Pro Se Motion timeliness

Where a defendant challenged a guilty verdict in a driving-while-intoxicated case, direct and circumstantial evidence supported the reasonable inference that the defendant was intoxicated while driving, and the trial court did not abuse its discretion in overruling the defendant’s objection ...

Tagged with: Beer Bottle Demonstration Closing Argument DWI

Where appellants including the highway patrol challenged a judgment granting petitioner’s request to have his name removed from the state’s sex offender registry, the meaning of the upgrade provision for repeat tier I offenders is an issue of first impression, ...

Tagged with: Removal Of Name sex offender registry