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Missouri Due Process Law
 

STATE OF MISSOURI v. DANIEL DUOT AJAK

Daniel Ajak appeals, following a jury trial, his conviction of misdemeanor resisting arrest, § 575.150, for which he was sentenced to 280 days in the county jail. Ajak argues both that the evidence was insufficient to support his conviction and that the trial court plainly erred in submitting an erroneous verdict director. We affirm.


The Majority Opinion holds:

1. For... More...
   $0 (02-22-2017 - MO)

United States of America v. Darius Bowdry and Keyshyala Thomas

St. Louis, MO - Two Chicago People Plead Guilty in Connection with Plaza Frontenac Robbery

Two individuals charged with the November 26, 2016, robbery at Plaza Frontenac have entered guilty pleas to interstate transportation of stolen property.

According to court documents, the eight named defendants and others entered the Saks Fifth Avenue department store soon after it opened ... More...
   $0 (02-20-2017 - MO)

OTIS CORNELIOUS v. STATE OF MISSOURI

A jury convicted Cornelious of first-degree murder and armed criminal action on
September 29, 2005. Cornelious retained counsel to represent him on direct appeal
("Retained Counsel"). We affirmed the convictions in State v. Cornelious, 258 S.W.3d
461 (Mo. App. W.D. 2008).
Cornelious used Retained Counsel to pursue post-conviction relief pursuant to Rule
29.15. Retained... More...
   $0 (02-09-2017 - MO)

MICHAEL FORD v. STATE OF MISSOURI

Following his conviction of first-degree murder and armed criminal action, Movant filed
a pro se motion for post-conviction relief on May 11, 2015. Movant’s appointed counsel
(“Counsel”) then made an entry of appearance on May 20, 2015, and requested an additional 30
days to file the amended motion, which was granted. On August 18, 2015, Counsel filed
Movant’s amended motion... More...
   $0 (02-01-2017 - MO)

ANTHONY C. WASHINGTON v. STATE OF MISSOURI

After a jury trial, Washington was convicted of one count of the class C felony of stealing
and one count of the class C felony of forgery. The court sentenced him as a prior and persistent
offender to ten years’ imprisonment on each count, with the sentences to run concurrently. His
2
convictions and sentences were affirmed on direct appeal in State v. Washington, 397 S.W.3... More...
   $0 (01-20-2017 - MO)

State of Missouri v. Randy E. Twitty

A detective assigned to the St. Charles County Drug Task Force was reviewing the
National Precursor Log Exchange ("NPLEX") for suspicious pseudoephedrine purchases
when he noticed that Debra Galebach had purchased an unusually large amount of
pseudoephedrine: four purchases within 38 days, including a purchase made earlier that
day. Three task force detectives went to Galebach... More...
   $0 (01-20-2017 - MO)

SAMUEL LOMAX vs. STATE OF MISSOURI

Movant was charged with robbery in the first degree, armed criminal action, two
counts of robbery in the second degree, attempted robbery in the second degree, tampering
in the first degree, assault in the third degree, resisting arrest and possession of drug
paraphernalia.
According to the facts as summarized in Appellant’s direct appeal, State v. Lomax,
ED97365, on the... More...
   $0 (12-21-2016 - MO)

STATE OF MISSOURI vs. RALPH ALEXANDER

Viewed in the light most favorable to the verdict, the evidence presented at Defendant’s
jury trial revealed the following facts. During the early evening hours of April 5, 2012, James
Goldsby was driving a Nissan Maxima that belonged to his girlfriend Erica Johnson, who was
present in the car along with her uncle and cousin. Goldsby and the other passengers arrived at
Johnso... More...
   $0 (11-29-2016 - MO)

STATE OF MISSOURI vs. BRIAN KEITH MCBENGE

Over two decades after Victim’s murder, a DNA analysis linked Defendant and his brother Cecil McBenge1 to evidence found on or near Victim’s property shortly after she was killed. In separate underlying cases, Defendant and Cecil were each charged with and found guilty by a jury of first-degree murder based on accomplice liability.2 The State’s fourth
substitute information in lieu of indic... More...
   $0 (11-18-2016 - MO)

STATE OF MISSOURI vs. CECIL RUSSELL MCBENGE

Over two decades after Victim’s murder, a DNA analysis linked Defendant and his brother Brian McBenge1 to evidence found on or near Victim’s property shortly after she was killed. In separate underlying cases, Defendant and Brian were each charged with and found guilty by a jury of first-degree murder based on accomplice liability.2 The State’s third
substitute information in lieu of indict... More...
   $0 (11-17-2016 - MO)

STATE OF MISSOURI v. MARK LEE KILGORE

Appellant, 43, was charged with one count of third-degree assault, based on his conduct
in striking his tenant Dennis Vogt (Vogt), 63, who rented a basement room in Appellant’s house.
Appellant’s brother, Jason Kilgore (Jason), also rented from Appellant and lived in the basement,
but his room did not have a door; rather, his area was in the basement proper and his bed was
nea... More...
   $0 (11-17-2016 - MO)

STATE OF MISSOURI v. DEON A. WILLIAMS

Sex Offender

The facts established at trial and viewed in the light most favorable to the judgment are as follows: Williams sexually abused his biological daughter, G.W., multiple times when she was twelve or thirteen years old. The abuse started after G.W. moved out of her mother’s home and went to live with Williams at a house on Plover. Williams lived on Plover with his two daughters, G.W. and D.W., and... More...   $0 (11-04-2016 - MO)

State ex rel. Jason H. Malashock v. The Honorable Michael T. Jamison

Honorable Michael T. Jamison Circuit Judge

Jason Malashock (Plaintiff) was injured when his utility terrain vehicle (UTV) overturned. Plaintiff alleged that the roof of the UTV failed and caused his injuries. As relevant to this writ petition, Plaintiff sued Chesterfield Valley Sports, Inc. (Defendant).

Plaintiff designated four expert witnesses expected to testify at trial. One of the designated experts was Herbert Newb... More...
   $0 (11-04-2016 - MO)

RODNEY SIMMONS v. STATE OF MISSOURI

Simmons pled guilty on May 28, 2013 pursuant to a plea agreement with the State. In exchange for Simmons's plea to murder in the second degree and armed criminal action, the State agreed to reduce Simmons's murder charge from first degree to second degree; to drop additional charges for the class C felony of possession of a controlled substance and the class A felony of trafficking in the sec... More...   $0 (10-27-2016 - MO)

BRANDON ROBERTS v. STATE OF MISSOURI

Roberts was charged and tried for one count of stealing, section 570.030, arising out of his unlawful receipt of certain benefits from the Missouri Department of Social Services, Family Support Division (the "Department"). On August 23, 2010, Roberts completed and submitted an application for benefits with Melissa Smolke ("Smolke"), eligibility specialist with the Department. Based on the in... More...   $0 (10-27-2016 - MO)

DARON J. PARKER v. STATE OF MISSOURI

Defendant was charged with one count of assault in the first degree, in violation of Section 565.0501, and one count of armed criminal action, in violation of section 571.015. Two attorneys (together, "Plea Counsel") entered appearances on behalf of Defendant.

On July 18, 2014, Defendant appeared in court with Plea Counsel and pleaded guilty to both charges, pursuant to a plea agreeme... More...
   $0 (10-27-2016 - MO)

STATE OF MISSOURI v. LEVI SCOTT ELLIOTT

The events giving rise to Levi's convictions occurred on the evening of March 24,
2012. In March of 2012, Levi was fifteen years old, and his half-sister, Sierra Elliott
("Sierra"), was twelve years old.4 Both Levi and Sierra lived with their father, Jim Elliott,
and Sierra's mother, Peggy Elliott, in Bolivar, Missouri. The previous month, Jim and
Peggy Elliott's older son, ... More...
   $0 (10-19-2016 - MO)

STATE OF MISSOURI v. JOSEPH FOUNTAIN PERRY

Officer Jodi Huber, of the Chillicothe Police Department, was out on patrol. She
purposefully drove past Perry's house on more than one occasion during her patrol because
Officer Huber believed Perry was selling methamphetamine out of his house. On one such
occasion, Officer Huber saw Perry backing a truck out of the driveway. Officer Huber
checked the vehicle's registration... More...
   $0 (10-19-2016 - MO)

STATE OF MISSOURI v. LARRY DONNELL SIMMS

Because Simms does not allege that there was insufficient evidence to support his
convictions, it is not necessary to recite the facts of the offenses here, other than noting that
Simms contended at trial that he acted in self-defense.
On May 12, 2014, Simms was charged, as a prior and persistent offender, with the
following: one felony count of domestic assault ... More...
   $0 (10-13-2016 - MO)

STATE OF MISSOURI v. WESLEY WILLIAM OSBORN

On June 13, 2013, at 7:17 a.m., Kansas City police officer Richard Burnett received a
“check the welfare” dispatch call to Osborn’s residence in Clay County. Burnett arrived with a
sergeant and two other officers. They knocked on the front door several times with no response.
At one point, they heard movement in the garage, which—along with information from a neighbor
indicat... More...
   $0 (10-13-2016 - MO)

STATE OF MISSOURI v. JASON L. BERRY

Berry was living with his girlfriend and their children in a house about 200 feet from
E.W.’s3 home in Kansas City, Missouri. On the morning of May 23, 2014, when Berry’s girlfriend
left to take their son to school at 8:00 a.m., Berry was home asleep. When she got back home at
9:25 a.m., Berry was gone, and the back door was unlocked, which was unusual because she kept
the do... More...
   $0 (10-13-2016 - MO)

United States of America v. Jered Scott Faulkner

Kansas City, MO - Raytown Man Sentenced to 15 Years for Child Porn - Vast Collection included Photos of Student at Local Karate Studio

A Raytown, Mo., man who formerly worked at a karate studio in Lee’s Summit, Mo., was sentenced for distributing and receiving child pornography over the Internet.

Jered Scott Faulkner, 37, of Raytown, was sentenced to 15 years in federal prison wi... More...
   $0 (10-05-2016 - MO)

United States of America v. Michael G. Peters

Kansas City, MO - New Hampshire Man Pleads Guilty to $2.25 Million Internet Steroids Distribution

A New Hampshire man, who formerly lived in Kansas City, Mo., pleaded guilty to his role in a $2.25 million conspiracy to sell anabolic steroids over the Internet.

Michael G. Peters, 28, of Pelham, N.H., pleaded guilty before U.S. Chief District Judge Greg Kays to participating in a c... More...
   $0 (10-07-2016 - MO)

United States of America v. Raja Chellappa

St. Louis, MO - St. Louis County Man Pleads Guilty to Fraud Charges

Raja Chellappa, of St. Louis County, pled guilty to two counts of wire fraud in connection with his solicitation and acceptance of a fictitious “buyer’s premium” as part of a 2015 commercial real estate transaction.

According to his plea agreement, Chellappa falsely told a buyer of a St. Charles County motel pro... More...
   $0 (09-06-2016 - MO)

GREEN TREE SERVICING, LLC, vs. CHICAGO TITLE INSURANCE and TITLE PRO, LLC

In January, 2004, Borrower granted a home equity deed of trust ("Home Equity Deed of
Trust") to Citibank, FSB, for $40,000, which Citibank recorded in March, 2004. On February 10,
2005, America’s Wholesale Lender, Appellant’s predecessor insured (“Predecessor”), loaned
Borrower $166,800 in order to refinance a loan secured by real property located at 407 Sun Field
Lane, Festus... More...
   $0 (10-05-2016 - MO)

DENNIS L. SMITH vs. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY

Smith was formerly employed as a technical writer in the engineering department at ISU. The events of this case cover a time period from approximately 2002 to 2010, when Smith’s position at the university was eliminated. Our prior opinion contains a detailed discussion of the facts. See Smith v. Iowa State Univ. of Sci. & Tech., 851 N.W.2d 1, 4–17 (Iowa 2014). At trial, Smith initially recove... More...   $0 (09-26-2016 - MO)

State of Missouri vs. Sheena Marr

On August 20, 2014, between 8:00 and 10:00 p.m., Higginsville Police Officer Danny
Logan (a K9 unit narcotics officer) received a dispatch indicating that there was a stranded motorist
on Highway 13, just south of I-70. When Officer Logan located the vehicle, he activated his
emergency lights for safety reasons, ran the vehicle’s Kansas license plate, and then approached
the v... More...
   $0 (09-15-2016 - MO)

Jefferson City Apothecary, LLC d/b/a Jefferson City Apothecary and Uldis Pironis, R.Ph. vs. Missouri Board of Pharmacy

Jefferson City Apothecary, LLC (“Apothecary”) and Mr. Uldis Pironis (“Pironis”) appeal
the judgments of the Circuit Court of Cole County (“circuit court”) affirming the joint decisions
of the Administrative Hearing Commission (“AHC”) and the Missouri Board of Pharmacy
(“Board”), which decisions found cause to discipline and imposed discipline on the Apothecary’s
pharmacy permit... More...
   $0 (09-15-2016 - MO)

Missouri Electric Cooperatives, D/B/A Association of Missouri Electric Cooperatives, et al vs. Missouri Secretary of State Jason Kander and Returning Government To The People and Todd S. Jones

On December 2, 2014, Todd Jones ("Mr. Jones") submitted to Secretary of State
Jason Kander ("Secretary of State") an initiative petition sample sheet proposing to amend
article VIII of the Missouri Constitution by adding section 23 ("Proposed Measure"). Mr.
Jones is the Deputy Treasurer of Returning Government to the People, a campaign
committee organized under the laws of the... More...
   $0 (09-15-2016 - MO)

VERNON GEORGE CHRISTIAN v. STATE OF MISSOURI

Based on the applicable standard of review, our summary of the relevant facts supporting
Movant’s conviction on direct appeal included only evidence favorable to the jury’s verdict. To
place Movant’s ineffective assistance claim in context, we here include some additional evidence
and procedural background. James King (“King”) provided the following testimony at the November 2010 ... More...
   $0 (09-03-2016 - MO)

State of Missouri vs. Leland Hughes

Defendant was convicted after a two-day bench trial on July 22 and 23, 2014. Evidence
at trial demonstrated on November 21, 2012, Defendant and co-defendant, Shawn Borders, broke
into the home of Bryan Richardson and robbed him, forcing him, his guest Alfred Barton, and
Richardson’s fiancée, T.A., to the floor, while the two defendants demanded money. Defendant
took Richardson... More...
   $0 (09-02-2016 - MO)

Isla Ballard vs. State of Missouri

On July 28, 2008, Movant entered a guilty plea to twelve counts, one count of class B
felony kidnapping, four counts of class C felony domestic assault in the second degree, and
seven counts of class A misdemeanor domestic assault in the third degree. At the plea hearing,
Movant waived a sentencing assessment report, and was sentenced by the motion court to 15
years for each ... More...
   $0 (09-02-2016 - MO)

State of Missouri vs. Jeremy R. Hobbs

Victim was five years old at the time of the events at issue in this case and lived with his
father and L.H., to whom his father was engaged. Appellant was the cousin of L.H.’s sister, S.H.
On May 31, 2013, J.C. told S.H., his aunt, he had seen Appellant and Victim in bed together and
Appellant had his pants unzipped. S.H. told her husband, who told Victim’s father. Victim’s More...
   $0 (08-26-2016 - MO)

State of Missouri v. Darius Hall

On April 9, 2012, Sergeant Kelly Fisher ("Sergeant Fisher") was surveilling a silver
Mustang—listed on the St. Louis Metropolitan Police Department's "hot sheet" as a stolen
vehicle. To stop the vehicle, officers deployed spike strips to deflate its tires. Three tires were
punctured, and the vehicle stopped in the middle of the street. Sergeant Fisher pulled up to the
vehicl... More...
   $0 (08-26-2016 - MO)

State of Missouri vs. Roscoe R. Meeks

Meeks’ alleged victim (“Victim”) is a Mexican native. At the time of alleged
crime, Victim was living in the City of St. Louis in an apartment he shared with two
roommates (“Roommates”). On the morning of July 4, 2012, Roommates invited Victim
to visit friends in the apartment next door. Roommates left the apartment and waited
outside for Victim to join them. While they wai... More...
   $0 (08-26-2016 - MO)

William McGhee vs. Schreiber Foods, Inc

On October 5, 2009, McGhee was employed as a press operator at Schreiber’s plant in
Clinton, Missouri. McGhee operated a large commercial printing press, known as a Vision
1 “Our standard of review requires that we view the facts in the light most favorable to the trial court’s verdict and accept as true evidence and inferences favorable... More...
   $0 (08-09-2016 - MO)

State of Missouri vs. Adrian E. Roberson

The State charged Roberson with one count of murder in the second degree for
killing Brandon Sloan ("Sloan") during the perpetration of a robbery, four counts of
robbery in the first degree for forcibly stealing the cell phones and money of four other
individuals, and five counts of armed criminal action for using a deadly weapon to
commit the murder and the robberies. Roberso... More...
   $0 (07-23-2016 - MO)

State of Missouri v. Ardell Fields

In April 1996, Movant was convicted, after a jury trial in the Circuit Court of the City of
St. Louis, of forcible rape, resisting arrest, and third degree assault. Movant was sentenced to a
term of life imprisonment for the forcible rape conviction, a term of 10 years of imprisonment
for the resisting arrest conviction, and a term of one year of imprisonment for the third degree <... More...
   $0 (07-23-2016 - MO)

Samantha Jenkins v. City of Jennings, Missouri

St. Louis, MO - Missouri City Settles Debtors' Prison Civil Rights Violation Claims

Samantha Jenkins and others sued The City of Jennings on civil rights violation theories claiming:

1. The Plaintiffs in this case are each impoverished people who were jailed by the City
of Jennings because they were unable to pay a debt owed to the City from traffic tickets or other
minor... More...
   $4700000 (07-17-2016 - MO)

State of Missouri vs. Chad Daniel Terry Jr.

On the evening of October 29, 2013, Erik Schwartz ("Schwartz") was in the
process of moving into his mother's residence in Independence, Missouri. He spent the
evening unloading his belongings from his SUV. At approximately 1:00 a.m. on October
30th, Schwartz's mother went outside her home and asked Schwartz to turn off his SUV
and come into the house. Schwartz responded tha... More...
   $0 (07-12-2016 - MO)

 
 
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