Criminal

Accomplice Liability Affirmed
“Because Missouri has eliminated the distinction between principals and accessories, all persons who act in concert to commit a crime are equally guilty” and “mere encouragement is enough.”  Evidence supporting an inference that appellant and confederates all packaged marijuana together included appellant’s admission and possession of marijuana packaged for sale. 
State of Missouri vs. Freddie M. Thomas
(Overview Summary)
Missouri Court of Appeals, Western District - WD74575

Family

Burden Not Shifted
Having claimed in circuit court that changed circumstances supported a change in parenting plan, appellant cannot deny in Court of Appeals that changed circumstances supported a change in parenting plan Circuit court’s judgment stated that party, who did not have the burden of proof, did not present evidence on one statutory factor, but such statement did not show that circuit court had shifted burden of proof to that party.  Circuit court’s modification of parenting plan, based on non-statutory factor of reduced travel time and increased parenting time, supported a finding of child’s best interest.
Benjamin Royce Clayton, Jr. vs. Geri Ann Sarratt
(Overview Summary)
Missouri Court of Appeals, Western District - WD75177

Mental Health

SVP Elements Shown
In action to confine sexually violent predator, expert testimony supported findings of mental abnormality and likelihood to re-offend, evidence to the contrary notwithstanding because Court of Appeals defers to jury verdict.
IN THE MATTER OF THE CARE AND TREATMENT OF JESSE PARNELL, a/k/a JESSE D. PARNELL, Respondent-Appellant,
Missouri Court of Appeals, Southern District - SD31858

Post-Conviction

Movant Abandoned at Initial Filing
Rule requires timely filing of motion but case law makes an exception for movant abandoned by counsel before motion is filed.  “The situation of prisoners seeking to appeal without the aid of counsel is unique. Such prisoners cannot take the steps other litigants can take . . . to ensure that the court clerk receives and stamps their notices of appeal before the . . . deadline.”  In circuit court, State failed to challenge time within which movant raised abandonment claim, and so waived that challenge.  Attorney who, by overt actions, prevents timely filing of motion commits abandonment of movant.  Circuit court’s order, allowing late filing of motion on abandonment theory, was not subject to appeal; no appeal was possible until circuit court granted motion.
CLAYTON DEAN PRICE, Movant-Respondent, vs. STATE OF MISSOURI, Respondent-Appellant.
Missouri Court of Appeals, Southern District - SD31725

Juvenile Procedure Discussed
Guilty plea waives claim to ineffective assistance of counsel, except for integrity of plea.  Movant claimed that counsel misadvised him of possible sentences, but record shows movant stating that he understood range of possible sentences, which refutes his claim.  Juvenile transfer-of-custody proceeding is analogous to criminal revocation of probation, in which no claim of ineffective assistance of counsel is cognizable.   
Jon W. Ziebol, Appellant, vs. State of Missouri, Respondent.
(Overview Summary)
Missouri Court of Appeals, Eastern District - ED98530

Probate

No Final Judgment
Statutes determine which judgments are subject to appeal.  Rule allows appeal before disposition of all matters, but only if circuit court certifies no just reason for delay.  Certification is subject to Court of Appeals review sua sponte.  Appealable judgment requires disposition of an entire claim, not just a few remedies, and finding of all facts necessary to dispose of claim.
Donald W. Shea and David M. Shea, Respondents, v. Mary Gaither and Donald U. Gaither, Individually and as Trustees of the Doris V. Staats Lifetime Trust, et al., Appellants.
(Overview Summary)
Missouri Court of Appeals, Eastern District - ED97977