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Tag Archives: Criminal Law

Criminal Law: Indigent Defendant-Pro Se Motion-Appointment Of Counsel

  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 ...

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

  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 ...

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Criminal Law: Appeal Waiver-Ineffective Assistance of Counsel-Substantive Reasonableness of Sentence

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 ...

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Criminal Law: Post-Conviction Relief-Effectiveness Of Counsel-Juror Bias

  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, ...

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Criminal Law: Jury Polling-Verdict

  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 ...

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Criminal Law: Sexual Abuse-Recording of Victim Forensic Interviews-Admission of Hearsay Evidence

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 ...

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Criminal Law: Sentencing-Armed Career Criminal Act-Violent Felony

  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 ...

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