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Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Voir Dire
Brown v. State (MLW No. 66981/Case No. WD77001 – 10 pages) (Missouri Court of Appeals, Western District, Mitchell, J.)
Criminal Law : Voir Dire – Identification Evidence – Robbery
State v. Moorehead (MLW No. 66825/Case No. ED100066 – 8 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.)
Criminal Law : Voir Dire – Closed Courtroom – Right To Public Trial
State v. Davis (MLW No. 66637/Case No. SD32702 – 7 pages) (Missouri Court of Appeals, Southern District, Scott, J.)
Criminal Law : Voir Dire – Juvenile Certification
State v. Williams (MLW No. 65525/Case No. ED98523 – 10 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.)
Criminal Law: Voir Dire – Right Not To Testify – Plain Error
State v. Hohensee (MLW No. 63010/Case No. SD30940 – 6 pages) (Missouri Court of Appeals, Southern District, Bates, J.)
Criminal Law: Prior Bad Acts – Voir Dire – Persistent Offender
State v. Adams (MLW No. 62901/Case No. ED95976 – 6 pages) (Missouri Court of Appeals, Eastern District, Knaup Crane, J.)
Negligence: Wrongful Death – Voir Dire – Kansas Cap
Adkins, et al. v. Hontz (Case No. WD72549/WD72550/WD72571 – 17 pages) (Missouri Court of Appeals, Western District, Witt, J.)
Negligence: Closing Argument – ‘Taxpayer’ Reference – Voir Dire
Butts v. Department of Conservation (MLW No. 59838/Case No. SD29444 – 11 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Where plaintiffs who brought a personal injury action against a state agency claimed the trial court erred in overruling their objection to a statement in defense counsel’s closing argument about taxpayers paying “extraordinary numbers,”[...]
Criminal Law: Voir Dire – Police Officer – Resisting Arrest
State v. Stewart (MLW No. 59770/Case No. SD29392 – 18 pages) (Missouri Court of Appeals, Southern District, Lynch, P.J.) Where defendant claimed that a venireperson, who was a police officer, tainted the jury panel by stating that due to “previous knowledge of the defendant, I don’t think I could be fair and impartial” because the […]
Voir dire: Trying to control the uncontrollable
While preparing for a recent trial, my summer law clerk told me she was excited to watch jury selection, but she sensed my hesitation. “Don’t you like it?” She asked. “No.” I responded. “Why not?” I shrugged my shoulders and paused. After a moment, I realized it was because voir dire was where I have […]
Juror’s nondisclosure cancels defense verdict
A juror’s silence during voir dire will give a plaintiff another shot at winning a medical malpractice lawsuit in Jackson County. The Missouri Court of Appeals said this morning that the juror’s nondisclosure of previous lawsuits in which she was involved was assumed to be intentional and prejudicial. The court upheld a trial judge’s decision […]
Criminal Law: Voir Dire – Sufficiency Of Evidence – Persistent Offender
State v. McGee (MLW No. 58877/Case No. ED90630 – 34 pages) (Missouri Court of Appeals, Eastern District, Cohen, J.) (1)Where a prosecutor asked during vo ir dire if anyone knew the defendant by one of several other names and the defendant objected that the question made him look like a career offender, the trial court […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- 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
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