11 results for 'judge:"Hardin-Tammons"'.
J. Hardin-Tammons finds that the lower court properly denied defendant's motion for post-conviction relief alleging his counsel was ineffective for failing to call an independent DNA expert and an independent pharmacological expert. In light of the overwhelming evidence of defendant's guilty, he cannot show he suffered any prejudice as a result of counsel's alleged failures. Further, defendant's proposed pharmacological testimony about the consequences of mixing Paxil and alcohol would not have provided defendant with a viable defense. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: May 7, 2024, Case #: ED111372, Categories: Dna, Evidence, Sex Offender
J. Hardin-Tammons finds that the lower court improperly granted the restaurant group's motion to set aside a default judgment in favor of the shopping plaza in a breach of lease action. The agent's testimony that he did not receive service of the complaint is insufficient to meet the "clear and convincing" standard necessary to impeach the valid sheriff's return. Reversed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: April 30, 2024, Case #: ED111960, Categories: Civil Procedure, Landlord Tenant
J. Hardin-Tammons finds that the lower court properly convicted defendant of murder. The evidence was sufficient to establish the deliberation necessary to find him guilty of murder in the first degree, and the court did not err in denying his request to submit a voluntary manslaughter instruction to the jury. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: March 12, 2024, Case #: ED111336, Categories: Jury, Murder
J. Hardin-Tammons finds that the lower court properly found defendant guilty of murder and armed criminal action. The state presented sufficient evidence to prove he intended to shoot the victim given that her death was caused by a close-range shot to the head. Further, the court did not plainly err by not instructing the jury on the lesser included offense of involuntary manslaughter. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: February 20, 2024, Case #: ED111322, Categories: Intent, Murder, Jury Instructions
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J. Hardin-Tammons finds that the lower court properly allocated a portion of the settlement proceeds to the subrogee-insurer, which paid the homeowners $722,000 for property damage after a house fire. The policy provides the insurer the right to recover from parties responsible for its losses, even here where the settlement was for personal injuries not property damages. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: February 20, 2024, Case #: ED111805, Categories: Insurance, Contract
J. Hardin-Tammons finds that the lower court improperly found for the homeowner's association on the couple's petition for breach of its subdivision restrictive covenant arguing that the association improperly denied their application to build a fence. The association failed to give proper notice of a hearing to address a violation under the rules of the restrictive covenant. Reversed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: December 5, 2023, Case #: ED111564, Categories: Property
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. Hardin-Tammons finds that the lower court improperly vacated default judgment in a contract dispute over the defendant health care center's cancellation of a contract for counseling services. The health care center presented evidence that the counseling service provider agreed not to seek a default judgment while the parties negotiated. Vacated.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: June 6, 2023, Case #: ED110968, Categories: Health Care, Contract