Please ensure Javascript is enabled for purposes of website accessibility
Don't miss
Home / Practice Areas /

Practice Areas

Real Property: Conditional Use Permit-Gravel Pit Operation-Voting Process

Where appellants challenged a county zoning board’s approval of an order of the planning and zoning commission granting a conditional use permit for a gravel-mining operation, the commission’s approval of the permit was valid under the relevant regulations and authorized ...

Read More »

Negligence: Medical Malpractice-Equitable Garnishment-Duty to Defend

Where a woman, who developed an infection following a tummy-tuck surgery, sought an equitable garnishment from a health care insurer to satisfy a $500,000 judgment against her doctor, the judgment is affirmed because the trial court properly determined that the ...

Read More »

Negligence: Personal Injury-Jurisdiction

Where Kansas businesses, which were sued in Missouri by a man who was injured when he was electrocuted while working at an apartment complex in Kansas, sought a permanent writ of prohibition to prevent the trial court from exercising jurisdiction ...

Read More »

Criminal Law: Sentencing-Criminal History

Where a defendant challenged his sentence in a drug case, the district court did not err in failing to depart to a lower criminal history category or to vary downward, and the sentence was not substantively unreasonable, so the judgment ...

Read More »

Criminal Law: Conspiracy to Distribute-Ineffective Assistance of Counsel-Failure to Object to Lack of Factual Basis

Defendant appealed the denial of his motion alleging ineffective assistance of counsel. Defendant pleaded guilty to conspiracy to distribute and conspiracy to launder money. Although the magistrate questioned the factual basis for defendant’s plea to the money-laundering charge, the district ...

Read More »

Criminal Law: Miranda-Custodial Interrogation

Where a defendant challenged her convictions in an involuntary manslaughter case arguing that her recorded statements should not have been admitted at trial because she had not been properly informed of her Miranda rights, under the totality of the circumstances, ...

Read More »

Criminal Law: Drug Offense-Appeal Waiver-Above-Guidelines Sentence

Defendant pleaded guilty to a drug offense pursuant to a plea agreement that contained an appeal waiver. Defendant appealed his above-guidelines sentence as substantively unreasonable. Where defendant’s appeal fell within the scope of his appeal waiver, the court dismissed the ...

Read More »

Criminal Law: Carjacking-Possession of Firearm in Crime of Violence-Residual Clause

Defendant pleaded guilty to carjacking and possession of a firearm in relation to a crime of violence. Following sentencing, defendant unsuccessfully moved to correct his sentence in the wake of Johnson v. U.S., 1315 S.Ct. 2551, which ruled that the ...

Read More »

Criminal Law: Sentencing-Career Offender

Where a defendant challenged his sentence in a methamphetamine case, the defendant’s Missouri drug-offense conviction qualified as a controlled-substance offense under the guidelines, so the judgment is affirmed because the district court did not err in finding that he qualified ...

Read More »

Domestic Relations: Child Custody-Tribal Court Jurisdiction-Non-Native American Parent

Plaintiffs filed suit against the Department of Human Services, the local county and two tribal courts, contesting the tribal court’s jurisdiction over plaintiff Kimberly Watso’s child-custody proceedings for her children. Although Watso was not Native American, her children were through ...

Read More »