221 results for 'court:"Missouri Court Of Appeals"'.
J. Gaertner finds that the lower court properly convicted defendant of possession of meth. Defendant was under arrest at the time of the search even if officers did not put her in handcuffs or formally state that she was under arrest, as they had informed her she would not be released until after she had been booked. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: May 14, 2024, Case #: ED111402, Categories: Drug Offender, Search
J. Mitchell finds that the lower court properly convicted defendant of trafficking a child and promoting a sexual performance by a child. Defendant is guilty of promoting a sexual performance by a child by buying the victim a vibrator and instructing her how to use it even if he was not present when she was using the sex toy. However, this case shall be transferred to the Missouri Supreme Court before entry of a final ruling.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: May 14, 2024, Case #: WD85148, Categories: Sex Offender, Child Victims
J. Pfeiffer finds that the lower court properly found for the defendant hotel developer. The developer lacked actual notice of the restrictive covenant on the disputed real estate parcel because it was never given a copy of the agreement. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: May 14, 2024, Case #: WD86322, Categories: Real Estate
J. Torbitzky finds that the lower court properly convicted defendant of murdering his pregnant wife. The evidence was sufficient to show that he did not kill her in a fit of rage, but planned the killing because he regretted not divorcing her before the pregnancy. In addition, he purchased supplies to clean the murder scene, dispose of the body, and texting her phone as if he didn't know where she was. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: May 14, 2024, Case #: ED110819, Categories: Intent, Murder
J. Torbitzky finds that the lower court improperly ruled for the chiropractor who broke three of a patient's ribs during a spinal adjustment. It is a disputed issue of material fact regarding whether the chiropractor used excessive force during his treatment, causing the patient's injuries. Reversed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: May 14, 2024, Case #: ED111973, Categories: Medical Malpractice
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J. Torbitzky finds that the lower court properly declared the defendant financier the owner of a mobile home park after the purchaser defaulted on his payments. The seller's vendor purchase money lien does not take priority over the financier's first priority lien. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: May 14, 2024, Case #: ED111690, Categories: Real Estate
J. Witt finds that the juvenile court properly transferred defendant for criminal prosecution as an adult on first-degree assault charges. The court reasonably found defendant beyond rehabilitation under the juvenile code due to his extensive criminal history and failure to positively respond to the services offered to him. Therefore, defendant was not prejudiced by counsel's alleged error in failing to hire an expert on child development. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: May 7, 2024, Case #: WD86022, Categories: Ineffective Assistance, Juvenile Law
J. Witt finds that the lower court properly transferred defendant's case for criminal prosecution as an adult on sodomy and child molestation charges. Defendant cannot show he was prejudiced by his counsel's failure to use the word "laches" in challenging the certification, as counsel made the very argument that defendant claims he failed to make. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: May 7, 2024, Case #: WD86093, Categories: Ineffective Assistance, Juvenile Law
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. Torbitzky finds that the lower court properly refused to expunge one criminal conviction, after expunging another. Defendant failed to demonstrate his two convictions were part of the same course of criminal conduct, even if he pleaded guilty in each case and was sentenced on the same day. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: May 7, 2024, Case #: ED111779, Categories: Criminal Procedure
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. Chapman finds that the lower court properly found for an employee on disability discrimination and retaliation claims against the city and awarded her $500,000 plus $278,000 in back pay. The city failed to establish that the trial court abused its discretion in declining to apply judicial estoppel based on the employee's Social Security disability proceedings to prevent her from testifying that she could work with a reasonable accommodation. Further, the city's challenge to the jury instructions "inexplicably" fails to even mention the court's application of a damages cap on the jury award, which reduced the damages by over $1 million. Affirmed.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: April 30, 2024, Case #: WD85851, Categories: Ada / Rehabilitation Act, Damages, Employment Discrimination
J. Witt finds that the lower court properly denied defendant's post-conviction motion alleging his counsel was ineffective for failing to request a self-defense instruction. The jury reasonably found defendant was the initial aggressor in the altercation, and was therefore not entitled to use deadly force to defend himself. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: April 30, 2024, Case #: WD86050, Categories: Assault, Domestic Violence, Self Defense
J. Stevens finds that the commission properly disqualified the employee from unemployment benefits after he tendered his resignation to his employer. Substantial evidence shows that the employee voluntarily resigned and was not constructively discharged due to an unbearable work environment. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: April 30, 2024, Case #: ED111971, Categories: Administrative Law, Employment
J. Navarro-McKelvey finds that the lower court properly granted sole legal and physical custody of the parties' three children to the father. The court was not required to consent to a parenting plan the father had proposed three years earlier, as the parties were no longer in agreement as to the custody arrangements, so the court was required to determine a custody plan that was in the best interests of the children. Affirmed.
Court: Missouri Court Of Appeals, Judge: Navarro-McKelvey, Filed On: April 23, 2024, Case #: ED111647, Categories: Family Law
J. Hardwick finds that the lower court properly found for the defendant grout-maker on antitrust claims alleging that its noncompete agreement with its former president violated the law. In the noncompete agreement, the former president agreed to a 10-year non-competition period because he was caught violating a previous one-year agreement within three months. The extended term was reasonable as part of a settlement agreement to avoid litigation over the president's breach of the first noncompete agreement. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: April 23, 2024, Case #: WD86444, Categories: Antitrust, Business Practices
J. Navarro-McKelvey dismisses the department's appeal of the lower court's decision to apply a multiplier to the award of attorneys' fees to the employee who prevailed in a sexual harassment suit. The department failed to show that the issue of waiver of sovereign immunity for attorneys' fees multipliers falls under the jurisdictional exception to the claim preservation requirements.
Court: Missouri Court Of Appeals, Judge: Navarro-McKelvey, Filed On: April 23, 2024, Case #: ED111748, Categories: Civil Rights, Immunity, Attorney Fees
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
J. Pfeiffer dismisses the trucking company's appeal from a judgment in favor of the of family in a wrongful death suit stemming from a car accident. Even though the default judgment erred in referencing both mother and father as parties to the judgment, the default judgment was enforceable as written. The company's appeal is mooted by its settlement with the mother during the pendency of this appeal.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: April 23, 2024, Case #: WD86465, Categories: Civil Procedure, Wrongful Death
J. Martin finds that the lower court properly granted defendant's motion to suppress statements he made during a police interrogation while he was being treated in the emergency room for a self-inflicted gunshot wound. The statements were subject to suppression because police did not advise defendant of his Miranda rights before questioning him. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: April 23, 2024, Case #: WD86602, Categories: Firearms, Miranda
J. Martin finds that the lower court properly declared the state board's decision to revoke the school's charter unlawful. The school has standing to pursue judicial review of the board's determination because 2012 amendments to the law did not signal legislative intent to prohibit judicial review pursuant to the Missouri Administrative Protection Act after revocation of a charter. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: April 23, 2024, Case #: WD86457, Categories: Administrative Law, Education, Jurisdiction
J. Wright finds that the lower court improperly awarded improperly awarded the ex-girlfriend $17,000 in attorney's fees in a dispute over the sale of a home. The ex-boyfriend's conduct during litigation did not amount to vexatious behavior, and the amount of fees should only be determined by the amount of work the attorney conducted towards the partition suit for the benefit of both parties. Reversed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: April 16, 2024, Case #: ED111764, Categories: Property, Attorney Fees
J. Hess finds that the lower court properly granted the plaintiff property owners a prescriptive easement over defendant's property to access their property. Substantial evidence supports the plaintiff's position that their use of defendant's property was adverse from 1999 to 2019. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hess, Filed On: April 16, 2024, Case #: ED111508, Categories: Property
J. Clark finds that the lower court improperly denied the consumer's motion to vacate an arbitration award in a dispute over a $199 administrative fee assessed on her purchase of a camping trailer. The dealership knowingly waived its right to arbitrate by filing a motion to dismiss and asking the court to enter a final judgment on the merits of whether the fee applied to the consumer's purchase. Reversed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: April 15, 2024, Case #: ED111498, Categories: Administrative Law, Arbitration
J. Clark finds that the lower court properly found for the police officers in a wrongful death suit filed by the family of a passenger in a fleeing car that hit a tree, killing both driver and passenger. The officers did not owe a duty to the decedent passenger as the fleeing driver had an absolute duty to yield to the officer when they approached with emergency lights on. Affirmed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: April 9, 2024, Case #: ED111491, Categories: Immunity, Wrongful Death
J. Hardwick finds that the lower court properly issued the employer an injunction enforcing a noncompete clause in a doctor's employment agreement preventing him from practicing radiology within a 25-mile radius for two years after leaving the practice. The practice has a legitimate protectable interest in its patient and referral base, even if radiologists rarely have contact with patients, because it relies heavily on the relationships its radiologists have cultivated with referring physicians. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: April 9, 2024, Case #: WD86589, Categories: Employment, Contract
J. Wright finds that the lower court improperly dismissed this action for lack of jurisdiction because the estate's personal representative was not joined as a party to the case. The family members claim they have direct rights in non-probate assets prior to the granddaughter's alleged wrongdoing, and so the estate is not a necessary party. Reversed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: April 9, 2024, Case #: ED111819, Categories: Wills / Probate
J. Mitchell finds that the school's appeal must be dismissed in this sex discrimination suit accusing a sixth-grade teacher of abusing a student because the amount of damages was never written in a final judgment.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: April 9, 2024, Case #: WD86206, Categories: Tort, Damages