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Criminal Law: Rape-Sufficiency of Evidence-Incapacitated Victim
Where a defendant challenged his first-degree rape conviction and the trial court’s restriction of his cross-examination of a witness, the evidence was sufficient to show that the victim was incapacitated at the time of sexual intercourse to support the conviction, and the confrontation clause did not require the trial court to permit the defendant to […]
Weinstein’s reckoning: Trial looms 2 years after #MeToo wave
More than two years after a wave of sexual assault allegations against Harvey Weinstein ushered in the #MeToo movement, the disgraced movie mogul faces another reckoning: a criminal trial that could him put him behind bars for the rest of his life. Jury selection was scheduled to start this week in New York City in […]
Weinstein’s reckoning: Trial looms 2 years after #MeToo wave
More than two years after a wave of sexual assault allegations against Harvey Weinstein ushered in the #MeToo movement, the disgraced movie mogul faces another reckoning: a criminal trial that could him put him behind bars for the rest of his life. Jury selection was scheduled to start this week in New York City in […]
DNA frees man convicted of 1983 rape
Robert E. Nelson left prison on Wednesday after a Jackson County circuit judge threw out his nearly 30-year-old conviction.
Criminal Law: Admission Of Recording – Foundation – Rape
State v. Smoot (MLW No. 63150/Case No. ED95499 – 8 pages) (Missouri Court of Appeals, Eastern District, Romines, J.)
Criminal Law: Closing Argument – Limitation -Teddy Bear
State v. Dickson (MLW No. 61983/Case No. SD30159 – 22 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Criminal Law: Severance – Sufficiency Of Evidence – Reasonable Resistance
State v. French (MLW No. 60485/Case No. ED92992 – 11 pages) (Missouri Court of Appeals, Eastern District, Cohen, J.) (1) Where a defendant was charged with 14 counts, including forcible rape, sodomy and kidnapping, joinder of the offenses, which involved three victims, was proper because the victims, offenses, tactics and locations were sufficiently similar, and […]
Hotel patron raped in her room recovers $1M
A hotel patron who was forced into her room and raped has settled her case against the hotel for $1 million. The confidential parties agreed to the settlement before suit was filed. “There are inexpensive means to monitor hallways and make the premises safe,” said Springfield plaintiff’s attorney Steve Garner, suggesting that those who represent […]
Supreme Court limits access to DNA evidence
The Constitution doesn’t guarantee access to DNA evidence for accused and convicted criminals, a divided U.S. Supreme Court said, ruling against a convicted Alaska rapist who sought to test DNA samples from a condom. The justices, voting 5-4, overturned a ruling that said William G. Osborne had a right to the evidence beyond that afforded […]
Rape, broker, customer lawsuits hushed in big fight
Coming next month to a movie screen near you is a tear-jerker of a story about little Scott Swimm. Swimm, 7, was skiing down a trail at Colorado’s Beaver Creek Ski Resort in 2007 when he ran into 60-year-old David Pfahler, who wound up tearing a shoulder tendon in the accident. Pfahler sued Scott and […]
DNA test confirms guilt in ’84 rape
The Jackson County Prosecutor’s Office said Friday that a DNA test ordered by the Missouri Supreme Court last year has confirmed the convicted man’s guilt. Huntley Ruff was convicted of raping a guest at the Phillips House Hotel in Kansas City in 1984. Ruff was a cook at the hotel. At the hotel, the woman […]
Test shows man who won DNA test is guilty
The Jackson County Prosecutor’s Office says a DNA test that a man won from the Missouri Supreme Court last year has confirmed his guilt. Huntley Ruff was convicted of raping of a guest at the Phillips Hotel in Kansas City in 1984. He was sentenced to 160 years in prison. Last year, he took his […]
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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