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Tag Archives: Criminal Law

Supreme Court to weigh Lamar Johnson case

The Court of Appeals Eastern District says it doesn’t have the power to let Lamar Johnson’s case be reopened, but perhaps the Missouri Supreme Court can. The appeals court on Dec. 24 dismissed an appeal seeking a new trial for ...

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Shifting gears: Missouri Supreme Court pace picks up in 2019

In the last six months of 2018, the Missouri Supreme Court appeared to be gearing up for some big decisions. So far in 2019, that behind-the-scenes work is bearing fruit. As of the court’s handdown on June 25, the high court ...

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Criminal Law: Post-Conviction Relief-Effectiveness Of Counsel-Abandonment

  Where a defendant argued that his counsel was ineffective for failing to object to certain jury instructions, the amended Rule 29.15 motion was filed four days after it was required to be filed, so the motion was untimely, and ...

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Criminal Law: Expungement-Time Period

Where the state challenged the grant of a petition for expungement for respondent’s 2010 conviction for peace disturbance, arguing that the time frame that should be considered is the three years following the completion of the sentence for each conviction ...

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Criminal Law: Character Evidence-Propensity Evidence-Uninvited Reference

Where a defendant in a domestic-assault case argued that the trial court erred in failing to intervene when a witness offered allegedly improper character and propensity testimony when the witness said he assumed the defendant “had a court date somewhere,” ...

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Criminal Law: Felony Murder-Motion to Set Aside Conviction-Ineffective Assistance of Counsel

Defendant was charged with abuse of a child resulting in death. Pre-trial, defense counsel moved to exclude the victim’s autopsy results. The trial court ruled that the autopsy need not have been performed by a certified child death pathologist and ...

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Criminal Law: Tax Evasion-Jurisdiction

Where a defendant, who pleaded guilty to tax evasion, argued that the district court lacked jurisdiction to adjudicate his criminal prosecution, the judgment is affirmed because the defendant’s claim that the payment of income tax is voluntary lacked merit. Judgment ...

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Criminal Law: Sentencing-Plea Agreement

Where a defendant, who pleaded guilty to unlawful possession of a firearm and conspiracy in furtherance of a drug-trafficking crime, challenged the district court’s application of a cross-reference in the advisory sentencing guidelines, the firearm was properly “cited in the ...

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Criminal Law: Production of Child Pornography-Appeal Waiver-Challenge to Reasonableness of Sentence

Defendant pleaded guilty to production of child pornography, pursuant to a plea agreement that contained an appeal waiver. On appeal, defendant challenged the reasonableness of his sentence. Where defendant’s appellate issues fell within the scope of the appeal waiver in ...

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