Missouri Lawyers Media Missouri legal news and public notices
As we have been for decades, Missouri Lawyers Weekly is your source for opinion summaries from Missouri’s courts. Our opinion summaries are updated weekly, and new summaries are announced in our daily email alert each Thursday.
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Latest opinion summaries from all courts
Criminal Law: Wire Fraud-Money Laundering-Sufficiency of Evidence
U.S. v. Peachey (MLW No. 79600/Case No. 2-1324 – 8 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of South Dakota, Schreier, J.
Criminal Law: Supervised Release-Revocation-Reasonableness of Sentence
U.S. v. Jackson (MLW No. 79598/Case No. 22-3524 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Autrey, J.
Criminal Law: Supervised Release-Revocation-Reasonableness of Sentence
U.S. v. Jackson (MLW No. 79598/Case No. 22-3524 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Autrey, J.
Criminal Law: Felon in Possession of Firearm-Within-Guidelines Sentence-Use of Suspended State Sentences
U.S. v. Slaughter (MLW No. 79616/Case No. 22-2142 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Clark, J.
Criminal Law: Felon in Possession of Firearm-Within-Guidelines Sentence-Use of Suspended State Sentences
U.S. v. Slaughter (MLW No. 79616/Case No. 22-2142 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Clark, J.
Criminal Law: Felon in Possession of Ammunition-Motion to Suppress Evidence-Reasonable Suspicion
U.S. v. Stokes (MLW No. 79596/Case No. 22-2110 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, Western District of Missouri, Phillips, J. (Stephen C. Moss, AFPD, of Kansas City, MO for appellant) (Nicholas Heberle, AUSA, of Kansas City, MO for appellee)
Criminal Law: Felon in Possession of Firearm-ACCA Sentencing Enhancement-Qualifying Prior Convictions
U.S. v. Heard (MLW No. 79601/Case No. 22-1380 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, District of Minnesota, Doty, J. (Lisa D. Kirkpatrick, AUSA, of Saint Paul, MN for appellant) (Robert D. Richman, of Saint Louis Park, MN for appellee)
Criminal Law: Conspiracy to Distribute Drugs-Unlawful Possession of Weapons-Sentencing Enhancements
U.S. v. Rios (MLW No. 79605/Case No. 22-1624 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa, Gritzner, J.
Criminal Law: Child Pornography-Jury Selection/Instructions-Sufficiency of Evidence
U.S. v. Nosley (MLW No. 79604/Case No. 22-1182 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Northern District of Iowa, Williams, J. (Daniel Vondra, of North Liberty, IA for appellant) (Mark Tremmel, AUSA, of Cedar Rapids, IA for appellee)
Contracts: Fraudulent Transfer-Adverse Judgment-Basis for Reversal
Jet Midwest International Co., Ltd. v. Jet Midwest Group, LLC (MLW No. 79595/Case No. 20-2285 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri, Gaitan, J.
Civil Rights: Eighth Amendment-Sexual Assault by Corrections Officer-Prison Inmates
Keil v. Doe (MLW No. 79603/Case Nos. 22-2694 & 22-2697 & 22-2698 & 22-2699 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri, Phillips, J.
Administrative Law: Servicemember Vaccination Requirements-Denial of Religious Exemptions-Preliminary Injunctive Relief
Roth v. Austin (MLW No. 79602/Case No. 22-2058 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, District of Nebraska, Buescher, J. (Kris William Kobach, of Lecompton, KS for appellants; Rachel Louise Jag, of Washington, D.C.; Jessica Hart Steinmann, of Conroe, TX; Craig William Trainor, of Washington, D.C.; and Pamela Jo Bondi, of Washington, D.C. on the brief) (Casen Ross, of Washington, D.C. for appellees; Daniel Winik, of Washington, D.C. and Sarah Jane Clark, of Washington, D.C. on the brief)
Negligence: Duty to Protect from Third Parties-Known Third Person Exception
Harner v. Mercy Hospital Joplin (MLW No. 79579/Case No. SD37266 – 38 pages) (Missouri Court of Appeals, Southern District, Gooch, J.) Appealed from circuit court, Newton County, LePage, J. William Ray Price, Jr., St. Louis, for appellant) (Joseph Winget, Springfield, for respondent)
Criminal Law: Statutory Sodomy-Bolstering of Victim’s Credibility
State v. Young (MLW No. 79581/Case No. SD37547 – 5 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from circuit court, Camden County, Hayden, J.
Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel
Jones v. State (MLW No. 79585/Case No. SD37654 – 6 pages) (Missouri Court of Appeals, Southern District, Borthwick, J.) Appealed from circuit court, New Madrid County, Currie, J. (Matthew William Vineyard, Jefferson City, for appellant) (Alex Daniel Beezley, Jefferson City, for respondent)
Criminal Law: Post-Conviction Relief-Ineffective Assistance of Appellate Counsel
Courtois v. State (MLW No. 79583/Case No. SD37328 – 6 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Greene County, Holden, J. (Arthur Ellis Allen, Columbia, for appellant) (Richard Anthony Starnes, Jefferson City, for respondent)
Criminal Law: Multiple Felony and Misdemeanor Counts-Motion to Sever
State v. Jones (MLW No. 79584/Case No. SD37453 – 11 pages) (Missouri Court of Appeals, Southern District, Gooch, J.) Appealed from circuit court, Greene County, Borthwick, J. (Jedd Christian Schneider, Columbia, for appellant) (Julia Rives, Jefferson City, for respondent)
Criminal Law: Juvenile Delinquency-Waiver to Trial Court
In the Interest of: K.E.H. (MLW No. 79582/Case No. SD37511 – 5 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from circuit court, Stone County, Stephens, J.
Criminal Law: Felony Murder-Admission of Hearsay
State v. Osborn (MLW No. 79580/Case No. SD37305 – 11 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from circuit court, Greene County, Holden, J. (Jonathan Theodore Sternberg, Kansas City, MO for appellant) (Garrick Aplin, Jefferson City, for respondent)
Criminal Law: Possession of Child Pornography-Sufficiency of Evidence
State v. Ingram (MLW No. 79578/Case No. ED110207 – 24 pages) (Missouri Court of Appeals, Eastern District, Clayton, J.) Appealed from circuit court, Warren County, Hamlett, J. (Joseph W. Flees for appellant) (Andrew Bailey and Nathan J. Aquino for respondent)
Contracts: Default Judgment-“Lulling” Statements
Liora Tech, Inc. v. United Medical Network, Inc. (MLW No. 79577/Case No. ED110668 – 8 pages) (Missouri Court of Appeals, Eastern District, Stevens, J.) Appealed from circuit court, St. Louis County, Hilton, J. (Joe D. Jacobson for appellant) (Katherine M. Flett and Jeffrey R. Schmitt for respondent)
Immigration: Cancellation of Removal-Subject Matter Jurisdiction-Qualified Immunity
Lopez-Cardona v. Garland (MLW No. 79567/Case No. 22-2943 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Petition for Review of an Order of the Board of Immigration Appeals.
Immigration: Cancellation of Removal-Qualifying Relatives-Jurisdiction
Garcia-Pascual (MLW No. 79586/Case No. 20-2529 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Petition for Review of an Order of the Board of Immigration Appeals. (Matthew Lorn Hoppock, of Shawnee, KS for petitioner) (Jeffery R. Leist, DOJ, OIL, of Washington, D.C. for respondent)
Employer-Employee: Title VII-Race Discrimination-Retaliation
Tisdell v. McDonough (MLW No. 79589/Case No. 21-3658 – 7 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri, Sachs, J.
Employer-Employee: Sex Discrimination-Disability-Related Slur-Breach Of Contract
Walker-Swinton v. Philander Smith College (MLW No. 79575/Case No. 22-1547 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Stras, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Baker, J. (Teresa Lynette Bloodman, Maumelle, AR argued for appellant) (Abtin Mehdizadegan, Little Rock, AR argued for appellee).
Employer-Employee: Discrimination-Removal-Timeliness
Myles v. Wells Fargo Bank, N.A. (MLW No. 79593/Case No. 22-2736 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa, Rose, J.
Criminal Law: Supervised Release-Provision Of Counsel
U.S. v. Norris (MLW No. 79573/Case No. 21-3849 – 20 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, Eastern District of Missouri, Limbaugh Jr., J. (Carter Collins Law, Clayton, MO argued for appellant) (Zachary Bluestone, St. Louis, MO argued for appellee; Hal Goldsmith appeared on the brief).
Criminal Law: Sentencing-Enhancements-Relevant Conduct
U.S. v. Soto (MLW No. 79576/Case No. 22-1778 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, Western District of Missouri, Bough, J. (Rebecca L. Kurz, Kansas City, MO argued for appellant) (John Benton Hurst, Kansas City, MO argued for appellee).
Criminal Law: Revocation of Supervised Release-Consecutive Sentences-Procedural Error
U.S. v. Gray (MLW No. 79571/Case No. 22-1641 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Clark, J.
Criminal Law: Revocation of Supervised Release-Above-Guidelines Sentence-Substantive Reasonableness of Sentence
U.S. v. Davis (MLW No. 79594/Case No. 22-3576 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa, Rose, J.
Criminal Law: Interstate Transport of Stolen Property-Sufficiency of Evidence-Sentencing Errors
U.S. v. Kirkendoll (MLW No. 79590/Case No. 21-3916 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, Western District of Missouri, Phillips, J. (Jane Francis, of Kansas City, MO for appellant) (Philip M. Koppe, AUSA, of Kansas City, MO for appellee)
Criminal Law: Firearms and Drug Offenses-Substantive Reasonableness of Sentence-Sentencing Discretion
U.S. v. Soper (MLW No. 79568/Case No. 22-3280 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa, Ebinger, J.
Criminal Law: Firearms and Drug Offenses-Reasonableness of Sentence-Ineffective Assistance of Counsel
U.S. v. Ruel (MLW No. 79569/Case No. 22-3302 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Nebraska, Rossiter, J.
Criminal Law: Felon in Possession of a Firearm-Upward Sentencing Variance-Reasonableness of Sentence
U.S. v. White (MLW No. 79566/Case No. 22-2823 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas, Rudofsky, J.
Criminal Law: Felon In Possession of a Firearm-Sufficiency Of Evidence-Interstate Commerce
U.S. v. Haynes (MLW No. 79574/Case No. 22-1284 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, District of Minnesota, Wright, J. (Jennifer Marie Macaulay, St. Paul, MN argued for appellant) (David Genrich, Minneapolis, MN argued for appellee. The judge who heard the case in the district court was Honorable Wilhelmina M. Wright).
Criminal Law: Felon in Possession of Firearm-Crime Involving Death-Upward Variance
U.S. v. Jones (MLW No. 79591/Case No. 22-1654 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Minnesota, Magnuson, J.
Criminal Law: Felon in Possession of Firearm-Acceptance of Responsibility-Denial of Sentencing Reduction
U.S. v. Theson (MLW No. 79572/Case No. 22-2520 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri, Wimes, J.
Criminal Law: Drug Offenses-Motion to Suppress-Franks Hearing
U.S. v. Hines (MLW No. 79570/Case No. 21-2477 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, Southern District of Iowa, Rose, J. (Andrea D. Jaeger, of Davenport, IA for appellant) (Andrew H. Kahl, AUSA, of Des Moines, IA for appellee)
Criminal Law: Drug Distribution-Jury Bias-Judicial Factfinding
U.S. v. Farmer (MLW No. 79563/Case No. 21-3906 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Clark, J.
Criminal Law: Conspiracy to Distribute Drugs-Sentencing Enhancement-Reasonableness of Sentence
U.S. v. Garcia (MLW No. 79564/Case No. 21-3717 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Appealed from U.S. District Court, District of Minnesota, Tostrud, J. (Kassius O. Benson, of Minneapolis, MN for appellant) (Lisa D. Kirkpatrick, AUSA, of Saint Paul, MN for appellee)
Criminal Law: Conspiracy to Distribute Drugs-Level Increase-Importation of Drugs
U.S. v. Werkmeister (MLW No. 79587/Case Nos. 21-2690, 21-3709, 21-3752, 21-3753, 21-3924 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, Northern District of Iowa, Williams, J. (Rockne Ole Cole, of Iowa City, IA; Steven Morrison, of Grand Forks, ND; Webb Wasmer, of Marion, IA; Bradley Price, of Urbandale, IA; Cory John Goldensoph, of Cedar Rapids, IA for appellants) (Dillan Ray Edwards, AUSA, of Cedar Rapids, IA for appellee)
Criminal Law: Assault-Health Care Fraud-Substantive Reasonableness of Sentence
U.S. v. One Horn (MLW No. 79588/Case No. 21-3548 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, District of South Dakota, Viken, J. (Bryan Dean, AFPD, of Bismarck, ND for appellant) (Megan Poppen, AUSA, of Rapid City, SD for appellee)
Civil Rights: State and Federal Law Claims-Estate Claim-Dismissal of Case
Gardner v. Franklin (MLW No. 79565/Case No. 22-2316 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Nebraska, Gerrard, J.
Civil Practice: Civil Action-Tribal Sovereign Immunity-Dismissal
Bird Industries, Inc. v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation (MLW No. 79592/Case No. 22-2584 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of North Dakota, Hovland, J.
Employer – Employee: Hostile Environment-“Me Too” Witness-Attorney Fees
Alhalabi v. Department of Corrections (MLW No. 79553/Case No. WD85012 – 28 pages) (Missouri Court of Appeals, Western District, Chapman, J.) Appealed from circuit court, Callaway County, Harris, J. (Jeremiah Morgan, Jefferson City, and James Galbraith, St. Louis, for appellant) (Benjamin Westhoff, St. Louis, for respondent).
Criminal Law: Exclusion of Witness-Discovery Violation
State v. Kerksiek (MLW No. 79555/Case No. WD84784 – 16 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Johnson County, Wagner, J. (Andrew Bailey and Daniel N. McPherson, Jefferson City, for respondent) (Jonathan Sternberg, Kansas City, Missouri, for appellant).
Criminal Law: Drug Paraphernalia-Warrantless Search-Double Jeopardy
State v. Haneline (MLW No. 79554/Case No. WD84964 – 27 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Buchanan County, Robb, J. (Dora Fichter, Jefferson City, for respondent) (Ellen H. Flottman, Columbia, for respondent).
Probate: Action for Accounting-Invited Error-Transfer of Assets
McLaughlin v. Canman (MLW No. 79552/Case No. SD37394 – 6 pages) (Missouri Court of Appeals, Southern District, Borthwick, J.) Appealed from circuit court, Stone County, Stephens, J. (Timothy S. Davis, Branson, for appellant) (Karl Andrew Finkenbinder and Henry S. Clapper, Branson, for respondent).
Criminal Law: Sexually Violent Predator-Burglary Conviction-Collateral Estoppel
In The Matter of the Care and Treatment of Theodore Stiles (MLW No. 79550/Case No. SD37180 – 16 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Jasper County, Crane, J.
Criminal Law: Sentencing-Authority to Resentence
State v. Jobe (MLW No. 79549/Case No. SD37496 – 5 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Mississippi County, Pearson, J. (Christian Lehmberg, Columbia, and Kerina Lynn Ibarra, Jackson, for appellant) (Karen Louise Kramer, Jefferson City, and Claire Poley, Charleston, for respondent).
