Where a defendant challenged the denial of post-conviction motion without the appointment of counsel, the motion court clearly erred in denying the defendant’s request since Rule 29.15 requires the appointment of counsel when an indigent defendant files a pro ...

Tagged with: Appointment Of Counsel Criminal Law Indigent Defendant Pro Se Motion

  Defendant pled guilty to bank robbery and the district court sentenced him to a within-Guidelines sentence of 108 months’ incarceration. On appeal, defendant argued that his sentence was substantively unreasonable, contending that the district emphasized aggravating factors at the ...

Tagged with: Bank Robbery Criminal Law Substantive Reasonableness of Sentence Within-Guidelines Range Sentence

  Where a defendant in an assault case challenged the admission of hearsay statements made by the victim, the judgment is affirmed because the defendant did not show that the state failed to lay a proper foundation for the victim’s ...

Tagged with: Criminal Law Foundation hearsay Prior Inconsistent Statements

  Where a prisoner sought a release to probate or a hearing on whether probation should be granted, arguing that his failure to complete the 120-day treatment program was due to an improper calculation of the 120-day period by the ...

Tagged with: 120-Day Program Criminal Law Date Calculation probation

Defendant appealed from his guilty plea to drug and firearm offenses, pursuant to a plea agreement that contained an appeal waiver. On appeal, appellate counsel’s Anders brief raised questions of trial counsel’s ineffectiveness for failing to object to Guidelines enhancements ...

Tagged with: appeal waiver Criminal Law ineffective assistance of counsel Substantive Reasonableness of Sentence

  Where a defendant found guilty of second-degree assault challenged the trial court’s refusal to suppress evidence and testimony related to a warrantless blood draw, there were no exigent circumstances presented to justify the warrantless search, so the judgment is ...

Tagged with: Assault Case Blood Draw Criminal Law Warrantless

  Where a defendant in a first-degree murder case argued that his trial counsel were ineffective for failing to question a juror who said that he was a published author and whose book, which was briefly shared with other jurors, ...

Tagged with: Criminal Law effectiveness of counsel juror bias Post-Conviction Relief

  Where a defendant in a rape and sodomy case argued that the trial court erred in accepting the guilty verdicts because a juror during polling replied “I did agree” as her response during polling, which the defendant argued meant ...

Tagged with: Criminal Law Jury Polling verdict

Defendant was convicted of four counts of sexual abuse involving three young relatives. On appeal, defendant challenged for the first time the district court’s ruling admitting into evidence video recordings of the victims’ forensic interviews, arguing that they constituted inadmissible ...

Tagged with: Admission of Hearsay Evidence Criminal Law Recording of Victim Forensic Interviews sexual abuse

  Where a defendant had convictions in Missouri for second-degree domestic assault, second-degree assault and unlawful use of a weapon and a Minnesota conviction for second-degree assault, the district court did not err in sentencing him as an armed career ...

Tagged with: Armed Career Criminal Act Criminal Law sentencing Violent Felony

  Where a defendant challenged his sentence in a distribution case arguing that the district court erred when it departed and varied upward from the advisory guidelines, the judgment is affirmed because the court analyzed the seriousness of the crime ...

Tagged with: Criminal Law sentencing Upward Departure