220 results for 'court:"Missouri Court Of Appeals"'.
J. Hardin-Tammons finds that the lower court properly found for the school district on personal injury claims stemming from a student's collusion with a wall during gym class. The student cannot show the gym wall was in a dangerous condition at the time of the injury. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: September 19, 2023, Case #: ED111319, Categories: Tort, Immunity
J. Thomson finds that the lower court improperly denied a citizen's motion to enforce a previous judgment entered against the prosecutor in a Sunshine Law suit. The prosecutor never asserted its right to impose costs for its responses to the citizen's requests, and cannot now condition its obligation to search for and produce records on a payment of fees and costs. Reversed.
Court: Missouri Court Of Appeals, Judge: Thomson, Filed On: September 19, 2023, Case #: WD85703, Categories: Public Record
J. Bates finds that the lower court properly convicted defendant of murder, robbery and tampering with a motor vehicle. The court did not err by excluding testimony in an offer of proof from a law enforcement witness or by declining to permit defense counsel to show a surveillance vide of the crime during voir dire. Affirmed.
Court: Missouri Court Of Appeals, Judge: Bates, Filed On: September 19, 2023, Case #: SD37522, Categories: Evidence, Murder, Witnesses
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J. Torbitzky finds that the judge abused her discretion in sustaining the child's motion for joinder of her mother as a necessary party in a suit seeking damages for abuse and harassment at the hands of a man convicted of child sodomy. Even if the daughter's claims are true that her mother directed the man's conduct, the mother is not required as a party for her to claim damages against the man. Reversed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: September 19, 2023, Case #: ED111910, Categories: Civil Procedure, Judiciary, Tort
J. Stevens finds that the lower court properly convicted defendant of child abuse and endangering the welfare of a child. A jury reasonably found that defendant created an actual risk to her daughter by failing to take her to the hospital after the girl confided her detailed plan to commit suicide. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: September 5, 2023, Case #: ED110820, Categories: Domestic Violence, Child Victims
J. Torbitzky finds that the commission improperly affirmed the police department's decision to fire the police officer. The department improperly forced the officer to choose between his employment and his Fifth Amendment rights by retaliating against him for refusing to answer questions about another officer's alleged sexual encounter with a 12-year-old girl in a patrol car. The officer was given immunity for statements made to the department's internal investigator, but understood that there was no such immunity for statements made to the criminal investigator. Reversed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: September 5, 2023, Case #: ED111086, Categories: Civil Rights, Constitution, Employment Retaliation
J. Thomson finds the lower court properly dismissed a citizen's petition for writ of mandamus seeking to compel the Missouri Secretary of State to process his sample initiative petition for the November 2024 ballot prior to the November 2022 election. The state had no constitutional obligation to process the citizen's sample initiative petition until the day following the November 2022 election. Affirmed.
Court: Missouri Court Of Appeals, Judge: Thomson, Filed On: August 29, 2023, Case #: WD85857, Categories: Elections
J. Sutton finds that the commission properly awarded the employee $4600 in partial disability benefits but denied her claim for $30,000 to pay her medical bills after admitting evidence that her employer already paid her medical bills. The commission properly admitted this evidence and found the employer's checks to be credible evidence that it already paid the bills for which the employee sought coverage. Affirmed.
Court: Missouri Court Of Appeals, Judge: Sutton, Filed On: August 29, 2023, Case #: WD86109, Categories: Workers' Compensation
[Consolidated.] J. Chapman finds that the lower court properly denied an injured worker's petition for a writ of mandamus seeking to compel payment of $1.1 million for his medical expenses because his employer was unemployed. The state fulfilled its obligation to pay the worker's medical expenses by negotiating with his medical providers, who agreed to accept $424,000 as payment in full for the outstanding amount due.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: August 29, 2023, Case #: WD85719, Categories: Workers' Compensation
J. Page finds that the zoning board properly denied the marijuana dispensary's request for a variance to construct a drive-through land for medical marijuana patients to pick up prescriptions. The dispensary's property has two front yards within the meaning of the zoning code, and the proposed drive-through violated code because it was not located in a side or rear yard of the property. Affirmed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: August 29, 2023, Case #: ED111005, Categories: Zoning
J. Page finds that this appeal of the trial court's judgment enforcing a lien filed by the plaintiffs' former attorney against their shares of a partition sale must be dismissed. The appellate brief fails to coherently state what the lower court allegedly did in error or how it violated any legal rule. On remand, the lower court shall determine the former attorney's reasonable attorney fees expended on this appeal.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: August 29, 2023, Case #: ED110934, Categories: Enforcement Of Judgments, Attorney Fees
J. Gabbert finds that the Commission properly ordering an eight-year amortization period for the remaining net book value of the Sibley Generating Station. The Commission's decision is supported by competent evidence, and was not made with any intention of allowing the utility to circumvent the statutory rate limitations designed to protect consumers. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: August 22, 2023, Case #: WD86023, Categories: Administrative Law, Energy
J. Page finds that the woman's appeal of the lower court's ruling in favor of the company for her refusal to pay for goods and services following fire damage to her apartment must be dismissed. Her briefs fail to explain why the law supports her claim of reversible error.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: August 22, 2023, Case #: ED111007, Categories: Civil Procedure, Contract
J. Hess finds that the lower court properly dismissed the taxpayer's lawsuit against the city challenging the city's use of public funds to hire a marketing agency to generate support for a ballot measure to raise local sales tax by 0.25%. The taxpayers have made no showing of irreparable injury and have no private right of action to challenge the city's conduct. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hess, Filed On: August 22, 2023, Case #: ED111084, Categories: Civil Procedure, Tax
J. Pfeiffer finds that the lower court properly convicted defendant of unlawful use of a weapon and criminal action. The court reasonably admitted evidence of various acts of domestic abuse between him and his wife, because one of these incidents prompted the police search of his home which found the guns and ammunition. Further, the court reasonably restricted defendant's privileges to write letters and phone calls after he attempted to convince the victim not to testify at his trial. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: August 22, 2023, Case #: WD84845, Categories: Evidence, Firearms, Witnesses
J. Quigless finds that the lower court improperly ruled a 48-year-old man totally incapacitated and appointed a state guardian. The court cannot rule on the merits of the man's claims because it lacks a full evidentiary record showing the basis for the lower court's decision. Reversed.
Court: Missouri Court Of Appeals, Judge: Quigless, Filed On: August 15, 2023, Case #: ED111010, Categories: Guardianship
J. Ahuja finds that the lower court improperly denied defendant's post-conviction petition alleging ineffective assistance of counsel stemming from defendant's conviction of second-degree domestic assault for shooting his wife in the leg. Counsel failed to request a lesser-included offense jury instruction for fourth-degree domestic assault when the evidence could support a jury finding that defendant did not intentionally aim at his wife or pull the trigger. Defendant is entitled to a new trial. Reversed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: August 15, 2023, Case #: WD85542, Categories: Ineffective Assistance, Domestic Violence
[Consolidated.] J. Mitchell finds that the lower court properly declined to terminate the mother's parental rights to her three children. There is evidence the mother has taken steps to separate herself and the children from the abusive father and to otherwise address her parenting deficiencies. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: August 15, 2023, Case #: WD85850, Categories: Family Law
J. Witt finds that the director properly revoked the peace officer's license after he removed electronic tracking collars from two dogs without permission from the dogs' owner and then threatened the owner who came to find them. The Director reasonably chose not to credit the officer's self-serving testimony, finding no credible threat to him or his property that would justify his conduct. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: August 15, 2023, Case #: WD85770, Categories: Administrative Law
J. Clayton finds that the lower court properly convicted defendant of possession of a controlled substance and sentenced him to six years in prison. The court reasonably denied defendant's motion to suppress the drugs evidence found in his car after reviewing the police car dashcam which showed the police had reasonable cause to stop defendant due to his erratic driving. Affirmed.
Court: Missouri Court Of Appeals, Judge: Clayton, Filed On: August 8, 2023, Case #: ED110766, Categories: Drug Offender, Search
J. Torbitzky finds that the lower court properly convicted defendant of murder despite not instructing the jury on the lesser offense of voluntary manslaughter. The jury specifically found that defendant deliberated before killing his roommates, even if this deliberation was brief, so defendant was not prejudiced by the jury instructions. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: August 8, 2023, Case #: ED110472, Categories: Murder, Manslaughter, Jury Instructions
J. Witt finds that the lower court properly denied defendant's ineffective assistance of counsel claim based on his counsel's failure to call a fact witness. Counsel strategically chose not to call the witness because their testimony about seeing two men yelling in front of the bar would not have been helpful to defendant's case, in that both men were seen with defendant immediately prior to the altercation. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: August 8, 2023, Case #: WD85293, Categories: Ineffective Assistance, Murder, Witnesses
J. Broniec finds that the lower court improperly granted defendant's habeas petition and ordered defendant released from prison after finding the probation court lacked authority to revoke defendant's probation after the probationary period expired. The probationer bears the burden of demonstrating the probation court failed to make every reasonable effort to conduct the revocation hearing prior to the expiration of the probationary period, and the record does not show defendant objected to the scheduling of a hearing after his term expired. Reversed.
Court: Missouri Court Of Appeals, Judge: Broniec, Filed On: August 8, 2023, Case #: ED111501, Categories: Probation, Jurisdiction
J. Thomson finds that the lower court properly convicted defendant of voluntary manslaughter and second-degree murder. The court did not err in excluding two video clips from a surveillance camera, because there is no reasonable probability the jury would have found another man committed the murders based on this evidence. Affirmed.
Court: Missouri Court Of Appeals, Judge: Thomson, Filed On: August 1, 2023, Case #: WD84633, Categories: Evidence, Murder, Manslaughter
J. Gabbert finds that the lower court improperly found that the mother did not breach her fiduciary duties as the son's conservator of his 75% interest in the family farm. The son's estate could not be used for ordinary support of him as a child, and should have been kept in a savings account for him to inherit at age 18. The court was required to find not only that the mother's use of the child's money was "not harmful" but was "beneficial" to the child. Reversed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: August 1, 2023, Case #: WD85691, Categories: Family Law