Habeas petition; timeliness 07-3544 Christopher J. Earl, Petitioner-Appellant, v. Joan Fabian, Commissioner, Minnesota Department of Corrections, Respondent-Appellee Appeal From: U.S. District Court for the District of Minnesota Submitted: Oct. 14, 2008 Filed: Feb. 23, 2009 (corrected 2/24/09) Before: Judges Loken, ...Read More »
Cross examination; limitation 08-2224 United States of America, Appellee, v. Darwin Beck, Appellant Appeal From: U.S. District Court for the Eastern District of Missouri Submitted: Dec. 11, 2008 Filed: Feb. 23, 2009 Before: Judges Loken, Beam and Kyle(FN1) Opinion By: ...Read More »
Murder; Batson challenge ED89968 State of Missouri, Respondent, v. Tyrone C. Bateman, Appellant Appeal From: St. Louis City Circuit Court, Judge Joan L. Moriarty Handdown Date: 2/24/2009 Opinion Author: Judge George W. Draper III Opinion Vote: Judge Baker concurs and ...Read More »
Statutory amendments; constitutional challenge SC88368 Missouri Alliance for Retired Americans, et al., Appellants, v. Department of Labor and Industrial Relations, Division of Workers’ Compensation, Respondent Appeal From: Cole County Circuit Court, Judge Byron L. Kinder Handdown date: 2/24/2009 Opinion Author: ...
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Lethal injection; administrative rulemaking SC89571 John C. Middleton, et al., Appellants, v. Missouri Department of Corrections, et al., Respondents Appeal From: Cole County Circuit Court, Judge Jon E. Beetem Handdown Date: 2/24/2009 Opinion Author: Judge Mary R. Russell Opinion Vote: ...
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Sentencing; reduction 08-2419 United States of America, Plaintiff-Appellant, v. Herman Sean Baylor, Defendant-Appellee Appeal From: U.S. District Court for the Southern District of Iowa Submitted: Jan. 14, 2009 Filed: Feb. 11, 2009 Before: Judges Bye, Gruender and Kays(FN1) Opinion By: ...Read More »
Miranda; custodial statements 08-1549 United States of America, Appellee, v. Reginald L. McGlothen, Appellant Appeal From: U.S. District Court for the Western District of Missouri Submitted: Dec. 11, 2008 Filed: Feb. 13, 2009 Before: Judges Loken, Beam and Kyle(FN1) Opinion ...Read More »
(1)Where a trial court in a dissolution found that monthly annuity payments from a personal injury settlement entered into by the husband were the husband’s non-marital property, the judgment is affirmed because the husband refuted the presumption that the payments ...Read More »
Where a defendant was convicted in federal court and then state court on charges of possessing the same machine guns, double jeopardy does not prohibit the prosecution under the principle of dual sovereignty. Judgment is affirmed. State v. George (MLW ...Read More »
Where a defendant who pleaded guilty to possessing child pornography in Clay County was then charged with promoting child pornography in Platte County, the charges against the defendant arose from the same conduct, which was possession of the same file, ...Read More »
Where defendant was convicted of robbery and armed criminal action charges when he and an accomplice took a wallet and a purse from the victims, sufficient evidence supported a conviction for second-degree robbery based on a showing that the defendant ...Read More »