13 results for 'judge:"Dowd"'.
J. Dowd finds that the lower court properly convicted defendant of robbery and making a terroristic threat after accepting his guilty plea. Defendant was not provided ineffective assistance of counsel, because it was a strategic decision for counsel not to further investigate defendant's medical claims related to the six surgeries he underwent during his pre-plea incarceration. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: May 28, 2024, Case #: ED111939, Categories: Ineffective Assistance, Robbery, Plea
J. Dowd finds that the commission improperly dismissed the employee's appeal of the state's decision she must repay Covid-19 unemployment benefits because she voluntarily quit her job at Amazon. The employee's letter was an appeal of the overpayment decision, not of the disqualification decision, and was therefore not untimely. Vacated in part.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: May 28, 2024, Case #: ED112119, Categories: Administrative Law, Employment, Covid-19
J. Dowd finds that the lower court properly found for the dentist in a medical malpractice suit stemming from a wisdom teeth surgery that gave the patient permanent nerve damage. The patient was properly barred from introducing other patients' medical records in order to impeach the doctor's claim that he always documented nerve damage in his post-op reports. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: May 21, 2024, Case #: ED111450, Categories: Evidence, Medical Malpractice
J. Dowd finds that the lower court properly convicted defendant of assault and armed criminal action for stabbing the victim with a knife several times in her home after accepting his waiver of counsel and allowing him to proceed pro se. Defendant repeatedly and unequivocally requested to represent himself, and his request for standby counsel did not render his waiver unequivocal. However, the case must be remanded for re-sentenced so that the court may apply the version of the law in effect in 2018 for the purpose of deciding whether defendant's sentences should run concurrently or consecutively. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: May 21, 2024, Case #: ED111041, Categories: Sentencing, Assault, Self Representation
J. Dowd finds that the lower court properly convicted defendant of rape of a 17-year-old victim, and sentenced him to seven years in prison. The court did not err by allowing the victim to testify she felt intimidated at her deposition after defendant impeached her with her deposition testimony. Further, the prosecutor was permitted to highlight the age difference between defendant and the victim during closing arguments. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: April 23, 2024, Case #: ED111691, Categories: Evidence, Sex Offender, Child Victims
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J. Dowd finds that the lower court properly convicted defendant of murder and armed criminal action, and sentenced him to 26 years in prison. The court did not abuse its discretion in allowing the late endorsement of witnesses who examined DNA evidence at the crime scene. Defendant did not object to their testimony or even cross-examine them. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: April 2, 2024, Case #: ED111454, Categories: Criminal Procedure, Murder, Witnesses
J. Dowd enters a permanent writ ordering the insurer to produce documents created in connection with a claim arising from a car accident caused while test-driving a vehicle for sale by a dealership. The documents are critical to the driver's allegations that the insurer engaged in bad faith in the manner it handled settlement demands.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: November 21, 2023, Case #: ED111729, Categories: Vehicle, Discovery
J. Dowd finds that the lower court properly dismissed the medical providers' suit against employers who failed to pay medical bills for their injured workers as required by workers compensation laws. The Division of Workers' Compensation has the exclusive authority over disputes relating to charges incurred for medical care provided under the Workers Compensation Act. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd , Filed On: July 25, 2023, Case #: ED110859, Categories: Administrative Law, Jurisdiction, Workers' Compensation
J. Dowd finds that the lower court properly ordered the husband to pay the wife $51,000 in maintenance owed from 2019 and 2020. The husband cannot attack the original judgment after benefitting from it and complying with it for over five years. His delay in bringing a motion challenging the maintenance ruling as inequitable is unreasonable. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: July 18, 2023, Case #: ED110648, Categories: Family Law
J. Dowd finds that the lower court properly found for the hotel in an employment disability discrimination suit filed by a former security guard. The guard failed to show that he had been diagnosed with depression or anxiety before he abruptly left his job and checked himself into a psychiatric unit. His employer had to be aware of his disability beforehand to qualify for ADA protection. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: June 6, 2023, Case #: ED110737, Categories: Ada / Rehabilitation Act
J. Dowd finds that the commission properly disqualified the applicant from receiving unemployment benefits, finding that she was terminated for misconduct. The applicant was fired for repeatedly failing to abide by company policy regarding vacation requests and for her hostility and disrespect toward supervisors and others. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: June 6, 2023, Case #: ED111031, Categories: Employment