CDefendant pleaded guilty to using a firearm in furtherance of a crime. The underlying crime of violence was aiding and abetting armed robbery of controlled substances. On appeal, defendant challenged whether the residual-clause definition of “crime of violence” was unconstitutionally ...

Tagged with: constitutionality Crime Of Violence Use of Firearm in Furtherance of Crime

Defendant challenged his charge of sexual misconduct involving a child by indecent exposure, following an alleged consensual sexual encounter between defendant, then 18 years old, and defendant’s 14-year-old girlfriend. Defendant argued that the statute was unconstitutional as applied because it ...

Tagged with: constitutionality Criminal Law Criminalization of Legal Conduct Indecent Exposure to a Child

Neuner v. City of St. Louis (MLW No. 71045/Case No. ED105125 – 28 pages) (Missouri Court of Appeals, Eastern District, Hess, J.)

Tagged with: City Ordinances constitutionality Municipal Payroll Tax

In the Matter of the Care and Treatment of Jay Nelson v. State (MLW No. 70710/Case No. SC95975 – 11 pages) (Supreme Court of Missouri, Wilson, J.; Breckenridge, C.J., Fischer, Stith, Draper and Russell, JJ., concur. Powell, J., not participating)

Tagged with: civil commitment constitutionality probate sexually violent predator

In the Matter of the Care and Treatment of Carl Kirk v. State (MLW No. 70711/Case No. SC95752 – 31 pages) (Supreme Court of Missouri, Wilson, J.; Breckenridge, C.J., Fischer, Stith, Draper and Russell, JJ., concur. Powell, J., not participating)

Tagged with: civil commitment constitutionality probate sexually violent predator

City of St. Joseph v. Leer (MLW No. 68437/Case No. WD78450 – 12 pages) (Missouri Court of Appeals, Western District, Ellis, J.)

Tagged with: constitutionality Municipal

Kuehner v. Kander (MLW No. 66961/Case No. WD77899 – 14 pages) (Missouri Court of Appeals, Western District, Newton, J.)

Tagged with: constitutionality Elections Initiative Petition

Ballard v. City of Creve Coeur (MLW No. 65574/Case No. ED98320 – 25 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.)

Tagged with: Adequate Remedy constitutionality Municipal Red Light Ordinance

Barrett v. Claycomb (MLW No.64611/Case No. 12-1001 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.)

Tagged with: Beam civil practice constitutionality Preliminary Injunction

State v. Mixon (MLW No. 64363/Case No. SC92230 – 8 pages) (Supreme Court of Missouri, Fischer, J.; Teitelman, C.J., Russell, Breckenridge, Stith and Draper, JJ., concur)

Tagged with: Breckenridge constitutionality Criminal Law Statute Of Limitations Teitelman

Armstrong v. Hobbs (MLW No. 64326/Case No. 11-1049 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.)

Tagged with: constitutionality Criminal Law Habeas Relief Melloy