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Criminal Law: Drug Conspiracy-Constructive Possession-Venue
Where a defendant challenged the denial of his motion for acquittal in a drug-conspiracy case, the government proved by a preponderance of the evidence that the defendant constructively possessed methamphetamine in the Northern District of Iowa, so venue was properly established, and sufficient evidence supported all three elements of the conspiracy count, so the judgment […]
Criminal Law: Constructive Possession-Sufficiency of Evidence-Accomplice Liability
Where a defendant, who was convicted of charges of possession of drugs and unlawful use of drug paraphernalia, argued that the state failed to prove constructive possession, the defendant’s proximity as a passenger in the vehicle to drugs found during a traffic stop and his nervousness alone were not sufficient to convict, and under the […]
Criminal Law: Sentencing-Firearm Enhancement-Constructive Possession
Where a defendant who pleaded guilty in a conspiracy to distribute methamphetamine challenged her sentence, the district court did not err by finding that the defendant had constructive possession of a gun, so the court properly added a two-level enhancement to the base level for the possession of a firearm in connection with the conspiracy, […]
Criminal Law: Unregistered Firearm-Constructive Possession-Sufficiency of Evidence
Where police found an unregistered firearm in a duffle bag in a bedroom closet at defendant’s parent’s home, evidence that the defendant stayed in the room when visiting and had clothes there, and that a train ticket in his name was in the bag was sufficient to find that he constructively possessed the weapon, so […]
Criminal Law : Constructive Possession – Exclusive Control – Sufficiency Of Evidence
State v. Shockley (MLW No. 72029/Case No. ED105757 -5 pages) (Missouri Court of Appeals, Eastern District, James M. Dowd, J.)
Criminal Law : Supervised Release – Ammunition – Constructive Possession
U.S. v. Patton (MLW No. 71987/Case No. 17-2693 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)
Criminal Law : Methamphetamine Possession – Sufficiency Of Evidence – Constructive Possession
State v. Drabek (MLW No. 71668/Case No. ED105240 -15 pages) (Missouri Court of Appeals, Eastern District, Mooney, J.)
Criminal Law : Methamphetamine – Constructive Possession – Sufficiency Of Evidence
State v. Gilmore (MLW No. 70379/Case No. SD34309 – 8 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.)
Criminal Law : Drug Possession – Constructive Possession – Knowledge
State v. Clark (MLW No. 69366/Case No. SC94959 – 23 pages) (Supreme Court of Missouri, Breckenridge, J.; Stith, Draper and Teitelman, JJ., concur; Wilson, J., concurs in result in separate opinion filed; Fischer and Russell, JJ., concur in opinion of Wilson, J.)
Criminal Law : Drug Possession – Constructive Possession – Sufficiency Of Evidence
State v. Stephens (MLW No. 68840/Case No. SD33719 – 7 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Criminal Law : Jury Instruction – Felon With Weapon – Constructive Possession
U.S. v. Booker (MLW No. 67269/Case No. 14-1336 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)
Criminal Law : Constructive Possession – Control – Sufficiency Of Evidence
State v. Wright (MLW No. 66957/Case No. WD76163 – 8 pages) (Missouri Court of Appeals, Western District, Gabbert, 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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- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
