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Criminal Law: Burglary-Sufficiency of Evidence-Intent to Steal
Where a defendant challenged convictions that included burglary, the evidence was sufficient to show an intent to steal based on the forced entry and the disturbed belongings of the homeowners, and the judgment is affirmed because the trial court did not abuse its discretion in denying a mistrial based on the defendant’s claim that a […]
Criminal Law: Burglary-Motion to Set Aside Conviction
Defendant appealed from the denial of his motion to set aside his conviction for burglary and felony stealing. Defendant had been caught stealing from a Walmart on three separate occasions. Defendant was charged with burglary and as a prior and persistent offender for felony stealing. In support of his motion, defendant argued that appellate counsel […]
Criminal Law: Sentencing-Prior Convictions-Burglary
Where a defendant challenged his sentence in a felon-in-possession case, his prior convictions in Wisconsin for burglary of a building or dwelling did not qualify as violent felonies under the Armed Career Criminal Act, so the sentence is vacated and remanded for resentencing. Vacated; remanded. U.S. v. Holston (MLW No. 73554/Case No. 17-2626 – 3 […]
Criminal Law: Sentencing-ACCA-Burglary
Where a defendant challenged the enhancement of his sentence under the Armed Career Criminal Act, the district court properly found that a prior conviction in Indiana for burglary qualified as a violent felony under the act, so the judgment is affirmed. Judgment is affirmed. Faulkner v. U.S. (MLW No. 73334/Case No. 18-1984 – 6 pages) […]
Criminal Law: Burglary-Suppression of Police Interview-Clerical Error in Judgment
Defendant was convicted of burglary and felony murder after she convinced three male friends to obtain handguns, break into the victim’s home and shoot him to death. The trial court denied defendant’s challenge to various aspects of her statement to police. Trial court correctly denied challenges to defendant’s interview where video recording showed defendant […]
Criminal Law: Burglary-Sufficiency of Evidence-Prosecutorial Misconduct
Defendant was convicted of first-degree assault and first-degree burglary. On appeal, defendant argued that the burglary statute was facially ambiguous and that, resolving any ambiguity in his favor, the evidence was insufficient to support his conviction. Defendant further argued that the trial court erred by failing to sua sponte declare a mistrial after the […]
Criminal Law: Burglary-Double-Counting for Sentencing Substantive Reasonableness of Sentence
Defendant appealed his sentence of 21 months’ imprisonment after he pleaded guilty to burglary of a pharmacy. On appeal, defendant argued that the trial court engaged in impermissible double-counting and imposed a substantively unreasonable sentence. Where defendant’s base offense encompassed burglary of any non-residential property, not just burglary of a pharmacy, district court did not [&he[...]
Criminal Law: Burglary-Possession with Intent to Distribute-Consideration of Sentencing Factors
Defendant pleaded guilty to burglarizing a pharmacy and possessing prescription narcotics with intent to distribute. At sentencing, defendant requested a downward revision of his guidelines range based on his drug dependency and spinal injuries, while the government requested a sentence at the top of the range. Based on defendant’s extensive criminal history, the district court […]
Burglaries at gun stores increasing in Missouri and US
The theft of more than 20 firearms at a Fenton gun store last week was the latest in an increase in such robberies at gun stores in Missouri and Illinois, according to federal officials. Figures from the Bureau of Alcohol, Tobacco, Firearms and Explosives show there were at least eight gun store burglaries last year […]
Burglaries at gun stores increasing in Missouri and US
The theft of more than 20 firearms at a Fenton gun store last week was the latest in an increase in such robberies at gun stores in Missouri and Illinois, according to federal officials. Figures from the Bureau of Alcohol, Tobacco, Firearms and Explosives show there were at least eight gun store burglaries last year […]
Criminal Law : Sentencing – Armed Career Criminal – Burglary
U.S. v. Goldsberry (MLW No. 71617/Case No. 16-4315 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.)
Criminal Law : Sentencing – Burglary- North Dakota Law
U.S. v. Kinney (MLW No. 71582/Case No. 16-3764 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.)
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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- Athena Dickson named vice-president of Missouri Bar
