Missouri Lawyers Media Missouri legal news and public notices

Where a defendant who pleaded guilty to possessing a firearm as a convicted felon had a 2004 conviction for endangering the welfare of a child in the first degree, the child-endangerment conviction was not a “violent felony” to qualify as ...

Tagged with: Child Endangerment Criminal Law Predicate Offense sentencing

Where a defendant challenged his 264-month sentence for charges connected with his participation in a methamphetamine-distribution conspiracy, the district court had sufficient information to impose an enhancement for possession of a firearm and the court’s explanation of its decision, although ...

Tagged with: Criminal Law Enhancement Methamphetamine Conspiracy sentencing

Where defendant threatened his landlady with a gun and left several hours later with her car, a four-level sentencing enhancement for using a firearm in connection with another felony offense was appropriate even though the landlady had frequently allowed the ...

Tagged with: Criminal Law Enhancement sentencing

Where a criminal defendant appealed a four-level sentencing enhancement for possession of a firearm in connection with another felony offense, the guideline does not require a defendant to be a felon at the time of his possession of a firearm ...

Tagged with: Criminal Law Enhancement Prior Conviction sentencing

(1)Even though a search warrant listed the first name of defendant’s brother rather than defendant, the description of the defendant’s residence was accurate and the warrant was supported by probable cause because the affidavit included statements from at least one ...

Tagged with: Criminal Law Probable Cause Search Warrant

Where a criminal defendant claimed that the state failed to timely notify him that his judgment of conviction had become final, which caused his late filing for a writ of habeas corpus, the defendant did not diligently pursue his rights ...

Tagged with: Criminal Law Habeas Petition timeliness

Where witnesses who testified that defendant threatened them with a gun were found to be credible by the jury, sufficient evidence supported defendant’s conviction for being a felon in possession of a firearm, and the district court did not err ...

Tagged with: Criminal Law Felon In Possession Sufficiency Of Evidence

Where a district court prohibited a criminal defendant from questioning an investigating officer about the officer’s involvement in a scandal involving World Series tickets, the court did not abuse its discretion in limiting the examination because impeachment of the officer ...

Tagged with: Criminal Law Cross Examination Limitation

Where a defendant convicted on drug conspiracy charges had an earlier conviction for violating Iowa’s tax stamp law, the offense qualified as a prior felony offense, and the district court did not err in denying the defendant’s motion for a ...

Tagged with: Criminal Law

Where a criminal defendant argued that his counsel was ineffective for failing to object to an instruction because of an alleged variance between the state’s information and the verdict director, the objection lacked merit, so the court properly denied the ...

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

Where a criminal defendant claimed his counsel was ineffective for failing to quash the venire panel after three members said they had heard about the case and thought the defendant was guilty, the three were excused from the panel and ...

Tagged with: Criminal Law Post-Conviction Relief