Defective Brief Requires Dismissal
Appellate brief did not comply with rules as to points relied on, argument, statement of facts, and appendix. Dismissed.
Erin Lueker, Appellant, v. Missouri Western State University, et al., Respondents. Missouri Court of Appeals Western District
Would-Be Intervenor May Not Appeal Judgment
Movant for intervention in action as a matter of right, whose motion is denied, has no standing to appeal the judgment resulting from the action, but may appeal the denial of intervention once judgment issues. "[T]he order denying intervention has the degree of definitiveness which supports an appeal therefrom."
Deborah Bilinski Eckhoff, Respondent, v. Clinton Gregory Eckhoff, Claude Cornett and Maudie Cornett, Respondents, Shiela Morris and Marsha Loveland, Appellants. Missouri Court of Appeals Western District
No Official Immunity For Public Defenders
When representing a client, a public defender offers professional services, and does not exercise governmental discretion, so public defender does not enjoy official immunity. Action for breach of fiduciary duty is possible against public defender for conduct during post-conviction representation. Petition alleging that public defender's neglect deprived client of post-conviction relief stated a claim.
Bernardo O. Costa, Appellant, v. Arthur E. Allen, Respondent. Missouri Court of Appeals Western District
Illinois Claim Brought In Missouri Court
Statute provides that beneficiary of a claim arising under another State's law may file an action on such claim in Missouri circuit court. "In the instant case, the insurance policy contains no provision regarding choice of forum, exclusive or otherwise. Even if it did, subject matter jurisdiction cannot be waived by agreement."
Christina Powell, Plaintiff/Appellant v. State Farm Mutual Automobile Insurance Company, Defendants/Respondent. Missouri Court of Appeals Eastern District
Attorney Fees Awarded
Appellant agreeing to amended judgment after remittitur waived error as to damages on original judgment. Record shows no conduct by co-Defendants, nor an agent for another Defendant, from which jury could infer that co-Defendants were parties to contract. Court of Appeals awards attorney fees under statute applying to actions arising out of construction work.
The Kiesel Company, Plaintiff/Respondent, v. J&B Properties, Inc., et al., Defendants/Appellants. Missouri Court of Appeals Eastern District
Marijuana Not Medically Necessary
Officer's questions about alcohol and drugs, unrelated to grounds for initial stop, did "not turn reasonable detention into unreasonable detention[,] signal or facilitate oppressive police tactics [, or] forcibly invade any privacy interest or extract information without the suspects' consent." Compression of marijuana proved Defendant's intent to distribute it. Marijuana's presence on Schedule I for controlled substances precludes the defense of necessity for medical use outside of statutorily authorized distribution.
State of Missouri, Respondent, v. Robert R. Cox, Appellant. Missouri Court of Appeals Western District
No Mistrial Required For Using Defendant's Statements
Gender-based Batson argument rejected when gender not at issue in trial and State gave gender-neutral reasons for strikes. Defendant had no promise of leniency, so as to make his statements less than voluntary, when he did not meet State's conditions. Defendant's inconsistent and self-serving denials did not make instruction on joint liability erroneous. Circuit Court did not plainly err in declaring no mistrial
sua sponte based on State's use of Defendant's statements. No error in excusing venire person for medically based hardship.
State of Missouri, Plaintiff-Respondent, v. Justin M. Brown, Defendant-Appellant. Missouri Court of Appeals Southern District
No Plain Error As To Closing Argument
Defendant did not show plain error in Circuit Court's decision not to intervene
sua sponte during State's closing argument because Defendant did not show that such argument was outcome determinative.
State of Missouri, Plaintiff-Respondent v. Jeffrey D. Jendro, Defendant-Appellant. Missouri Court of Appeals Southern District
Student-Printed Transcript Constituted Notice Of Enrollment
Child's attendance of college away from home did not constitute emancipation. Non-custodial parent's notice of Child's initial enrollment in post-secondary education supported award of attorney fees. Notice of continued enrollment is not limited to an "official" transcript. "[A]ctual notice in the form of an inalterable online transcript containing all the information required by the statute" sufficed. Award of attorney fees is not required on "good faith interpretation of [statute] on a matter of first impression[.]"
James Waddington, Petitioner/Appellant/Cross-Respondent, v. Maureen (Waddington) Cox, Respondent/Cross-Appellant. Missouri Court of Appeals Eastern District
Parents May Be Liable For Their Children's Conduct
Circuit Court erred in granting summary judgment when petition pleaded that Parent left Children unattended in car, with which Children caused damage. A parent may be liable in negligence for "entrusting to the child an instrument which, because of its nature, use, and purpose, is so dangerous as to constitute, in the hands of the child, an unreasonable risk to others." But failure to plead facts describing a statutory duty failed to secure Circuit Court's jurisdiction as to such facts.
Jamie LeBlanc, Plaintiff/Appellant, v. Wendy Patton, Defendant/Respondent. Missouri Court of Appeals Eastern District
Potential For Manslaughter Is Not a Dangerous Condition
Absence of screening from overpass, so that someone could throw objects onto traffic below, was not a dangerous condition of property under sovereign immunity statute. Judgment for State affirmed without transfer.
Vicey Tucker, Appellant, v. Missouri Highways and Transportation Commission, Respondent, Jeffrey Campbell, Jr., Defendant. Missouri Court of Appeals Western District
|
