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Criminal Law: Voir Dire-Prejudice
Where a defendant in an unlawful-use-of-a-weapon case challenged his conviction, the trial court erred by allowing the state during voir dire to present the facts of the case in explicit detail and by allowing the state to ask bias-injecting questions, and the defendant suffered prejudice as a result, so the matter is reversed and remanded […]
Negligence: Voir Dire-Extra Time-“Insurance Question”
Where plaintiffs in a medical-negligence case challenged the judgment against them arguing that the trial court erred by refusing to give their attorney extra time so that he could ask the insurance question after he forgot to ask it during his initial voir dire, case law does not give counsel the right to ask the […]
Criminal Law: Batson Challenge-Voir Dire
Where a defendant, who was convicted of charges including assault and burglary, challenged the admission into evidence of statements made to police after his arrest, the defendant did not show plain error, and the trial court was not required to remand the case, and the judgment is affirmed because the state’s reasons for striking a […]
Criminal Law: Death Penalty-Voir Dire-Photographic Evidence
(1)Where a defendant in a first-degree murder case challenged his death sentence, the trial court did not abuse its discretion by sustaining the state’s motion to strike a prospective juror for cause because the juror’s ambiguous statements created uncertainty about whether the juror could apply capital punishment, and the judgment is affirmed because the trial […]
Probate: Civil Commitment-SVP-Voir Dire
Where appellant, who was civilly committed as a sexually violent predator, argued that the trial court abused its discretion during voir dire by prohibiting him from informing the panel about the young ages of the two children involved and from inquiring about any resulting potential bias or prejudice, the court prevented the appellant from exercising […]
Criminal Law: Deputy Testimony-Voir Dire
Where a defendant in a drug-trafficking case objected to testimony from a deputy about guns other than the ones mentioned in the indictment, the district court did not abuse its discretion in finding the evidence probative of the charged drug offense and the testimony was not unfairly prejudicial, and the judgment is affirmed because the […]
Criminal Law: Voir Dire-Racial-Epithet Query
Where a defendant in an assault case argued that the state’s voir dire question of whether the use of a racial epithet justified a shooting was improper, the question was relevant because it could reveal biases, and the judgment is affirmed because the defendant also did not show instructional error or prejudice from the […]
Criminal Law: Voir Dire-Victim’s Plea Deal
(1)Where a defendant argued that the trial court erred in limiting voir dire to one hour in his first-degree assault case, the defendant did not cite any case law to support his assertion that a one-hour time limit for voir dire was a per se abuse of discretion, and the judgment is affirmed because the […]
Employer-Employee: Age Discrimination-Voir Dire-Punitive Damages
Plaintiff alleged defendants violated the Missouri Human Rights Act by failing to promote her when she was age 55 over younger, less qualified persons, and retaliated against her by prematurely terminating her temporary positions after she filed her discrimination complaint. A jury found for plaintiff and awarded her actual and punitive damages, and the trial […]
Criminal Law : Sex Offender – Voir Dire – Prior Sex Crimes
State v. Lutes (MLW No. 71778/Case No. WD80030 – 34 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.)
Criminal Law : Voir Dire – Kidnapping – ‘Substantial Period’
State v. Conaway (MLW No. 71776/Case No. WD80332 – 17 pages) (Missouri Court of Appeals, Western District, Ahuja, J.)
Criminal Law : Voir Dire – Defense Questioning
State v. Beckett (MLW No. 71440/Case No. WD79693 – 11 pages) (Missouri Court of Appeals, Western District, Mitchell, 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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