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Missouri Due Process Law
 
State of Missouri vs. Dyanthany Proudie,

Dyanthany Proudie (“Defendant”) appeals from the judgment entered after a jury
trial on his conviction for murder in the first degree. We affirm.
The sufficiency of the evidence at trial is not challenged on appeal. Viewed
favorably to the verdicts, it established the following.
On January 2, 2013, Ebony Jackson (“Victim”) was visiting St. Louis from
Oklahoma with her ... More...
   $0 (05-26-2016 - MO)

State of Missouri v. Randy E. Twitty

On May 6, 2015, pursuant to the State's Substitute Information in Lieu of Indictment,
Defendant was charged, in operable part, as follows:
The Prosecuting Attorney of the County of St. Charles, State of Missouri, charge that the defendant, acting in concert with another, in violation of Sections 562.036, 562.041, and Section 195.420, RSMo, committed the class C felony of possession of a ... More...
   $0 (05-12-2016 - MO)

State of Missouri vs. Joseph Troy Wilson, Sr.

As reflected in the fourth amended substitute information, Defendant was ultimately
charged with five sex offenses involving his children A.W., S.V., and R.W., and the offenses
were alleged to have occurred at times when each child was less than fourteen years old. Count
I, a charge of first-degree statutory rape, alleged Defendant had sexual intercourse with A.W.
... More...
   $0 (05-12-2016 - MO)

State of Missouri vs. Richard L. Evans

The sufficiency of the evidence to support Evans's conviction is not in
dispute. In the summer of 2011, the victim, a 13-year-old girl, was living with her
mother and Evans, who was her stepfather. One day in July 2011, while the
victim's mother was at work, Evans called the victim into his room so that she
could say good night to him. When she came in, Evans pushed her so t... More...
   $0 (05-04-2016 - MO)

State of Missouri vs. Derek T. Hubbard

On November 11, 2011, 17-year-old Allen Richardson ("Allen")3 was at home
with his father and mother, Carlos Richardson ("Mr. Richardson") and Mary Richardson
("Mrs. Richardson"). Stephanie Brown ("Brown"), Mr. Richardson's cousin, and her
friend Jackie Kincy ("Kincy") came to the Richardsons' home that evening, and the adults
were drinking, dancing, and listening to music. A... More...
   $0 (05-04-2016 - MO)

State of Missouri vs. Tyron L. Skinner

Tyron Skinner appeals his conviction following a jury trial of one count of unlawful use
of a weapon and one count of armed criminal action, for which he was sentenced to a total of
fifteen years in prison. Skinner argues that the trial court plainly erred in failing to sua sponte
prevent one of the members of the venire panel from serving as a juror because she allegedly
“sai... More...
   $0 (05-04-2016 - MO)

State of Missouri vs. James Earl Lee

On May 2, 2014, Lee was traveling on I-70 when he was stopped by Missouri
State Highway Patrol Trooper Duvall for driving without a front license plate. When
Trooper Duvall approached Lee's vehicle, he observed the license plate on the dashboard
of the vehicle instead of properly affixed to the front of the vehicle. Trooper Duvall also
smelled a "very strong" order of raw mar... More...
   $0 (05-04-2016 - MO)

Walter Barton vs. State of Missouri

On the evening of October 9, 1991, Gladys Kuehler, the manager of an Ozark,
Missouri, trailer park, was found lying in a pool of blood on the floor of her trailer. The
cause of death was exsanguination as a result of more than 50 stab wounds, an ear-to-ear
slitting of her throat that cut the jugular vein, and two X-shaped slash marks on her
abdomen deep enough to cause eviscer... More...
   $0 (05-04-2016 - MO)

State of Missouri vs. Michael J. Frese

The facts relevant to the question of whether the statute of limitations bars the State’s
claim against Frese are uncontested. On January 26, 2012, the Attorney General received a
referral from the Missouri Department of Labor and Industrial Relations (“DOLIR”) that Frese
failed to insure workers’ compensation liability. Thereafter, on January 16, 2015, the Attorney
General, ... More...
   $0 (04-21-2016 - MO)

State of Missouri vs. Tyrone Benedict

Tyrone Benedict (“Defendant”) appeals from the judgment entered after a jury trial on his
convictions for murder in the first degree and arson in the first degree. We affirm.
The sufficiency of the evidence at trial is not challenged on appeal. Viewed favorably to
the verdicts, the evidence established the following. The victim was forty-year old Mark Woods
(“Victim”). He ... More...
   $0 (04-20-2016 - MO)

State of Missouri vs. Jeffrey Holmes

On August 24, 2012, Jeffrey Holmes was charged by indictment with two counts of the
class D felony of acceding to corruption, two counts of sexual assault, and one count of deviate
sexual assault. Following a jury trial, Holmes was convicted of one count of acceding to
corruption. That count stated that Holmes, “being a police officer, knowingly accepted from
C.C. [a prostitu... More...
   $0 (04-06-2016 - MO)

State of Missouri vs. Jeffrey Holmes

On August 24, 2012, Jeffrey Holmes was charged by indictment with two counts of the
class D felony of acceding to corruption, two counts of sexual assault, and one count of deviate
sexual assault. Following a jury trial, Holmes was convicted of one count of acceding to
corruption. That count stated that Holmes, “being a police officer, knowingly accepted from
C.C. [a prostitu... More...
   $0 (04-06-2016 - MO)

State of Missouri vs. Lawrence Brandon

Defendant was charged with a total of sixteen counts for events that occurred on the night
of April 16, 2012, and into the early morning of April 17, 2012. Victim was leaving a bar where
she occasionally worked when Defendant and two other co-defendants jumped out from behind a
dumpster brandishing a gun and told her to get in her car with them. While driving, the men
took tu... More...
   $0 (04-06-2016 - MO)

State of Missouri vs. David E. Smith

On July 1, 2013, Defendant was charged with the above crimes for his alleged
involvement in an incident involving Florentino Marquez Tellez (“Victim”). Defendant was
tried by a jury on November 3-7, 2014, and he does not challenge the sufficiency of the evidence
to support his convictions.
A. Evidence Presented at Defendant’s Jury Trial
Viewed in the light most favorab... More...
   $0 (04-06-2016 - MO)

State of Missouri vs. Tawanda Kunonga

Kunonga does not challenge the sufficiency of the evidence to support his
convictions of murder in the first degree and armed criminal action. We view the
evidence in the light most favorable to the verdict. State v. Driskill, 459 S.W.3d 412, 423
(Mo. banc 2015).
Latoya Hopkins ("Hopkins") was found dead in her home on June 15, 2010. She
had been brutally beaten and s... More...
   $0 (03-29-2016 - MO)

State of Missouri vs. Charles David Girardier III

On October 16, 2014, Abel's Quik Stop gas station in Wright City had a no-smoking
policy in effect, communicated by four-inch signs with a picture of a red slash through a
cigarette. Additionally, the women's restroom – containing only stalls and sinks – was contained
within four walls within the store with one entrance and exit door. It was marked by a sign in the
hallway le... More...
   $0 (03-27-2016 - MO)

State of Missouri vs. Gabriel L. Leonard

Leonard and Victim dated for approximately one and a half years before ending their
relationship. Shortly after their relationship ended, in May of 2012, Victim’s home (where she
and Leonard had resided together during their relationship) caught fire, and she received money
from an insurance policy to cover the damage.
Starting on January 4, 2013, Victim began receiving text ... More...
   $0 (03-15-2016 - MO)

State of Missouri vs. Scott William Eckert

Mr. Scott W. Eckert appeals his convictions under section 575.2702 for
three class C felony victim-tampering counts, for each of which he was
sentenced to seven consecutive years of imprisonment. We affirm.
While Mr. Eckert’s direct appeal of his forcible rape conviction was
pending in 2010 and 2011, he wrote three letters to his teenage niece, asking or
reminding her to... More...
   $0 (03-15-2016 - MO)

Fred Hudson vs. State of Missouri

Movant was convicted of first-degree murder, first-degree assault, and two counts of
armed criminal action. The court sentenced Movant to life in prison without parole for first
degree murder, life in prison for assault, and 30 years in prison for each of the two counts of
armed criminal action. The two life sentences run consecutively to the two concurrent 30-year
sentences, ... More...
   $0 (03-15-2016 - MO)

State of Missouri vs. Robert Blake Blurton

Mr. Blurton’s aunt and uncle, Sharon and Donnie Luetjen, and their 15-year-old granddaughter, Taron Luetjen,1F2 lived together in Cole Camp. Mr. Blurton had not been to the Luetjens’ home in about five years, but he had visited their home as a child and had lived with the Luetjens for a few months in 2004 after he was released from prison. At
that time, the Luetjens had helped him buy a veh... More...
   $0 (03-15-2016 - MO)

State of Missouri vs. S.F.

Defendant was told that she tested positive for HIV in 2003. At that time, she
received counseling from her physician regarding the consequences of having HIV.
Several years later, Defendant engaged in sexual intercourse with Victim. She did not
disclose to Victim that she was HIV positive before having sexual intercourse with him.
Defendant was charged with the class A fel... More...
   $0 (03-15-2016 - MO)

State of Missouri vs. Daniel D. Hartman

On the night of July 5, 2012, J.W. (hereinafter, “Victim”), a known drug supplier,
was shot in his home and killed from a single gunshot wound to the chest. While
investigating Victim’s death, the police discovered that Victim’s wound was not from a
contact or close-range shot. They found only three bullets in the home: one that killed
Victim, one in the wall, and one in the... More...
   $0 (03-15-2016 - MO)

Dauda Kohlheim vs. State of Missouri

The State charged Movant with one count of second-degree statutory rape. Movant was
found to be a prior felony offender and also a felony persistent offender. The trial court
conducted a jury trial. The evidence presented at trial showed that the victim, R.M., who was then sixteen, had
planned to spend the night with a family friend, Tashia Roberts. Ms. Roberts took victim with More...
   $0 (03-11-2016 - MO)

State of Missouri vs. Richard W. Mattix

Appellant was charged with one count of driving while intoxicated and was tried by a
jury on August 20, 2014, which produced the following facts, viewed in the light most favorable
to the verdict. On the evening of June 2, 2013, Trooper Brian Hillyer of the Missouri Highway Patrol
initiated a traffic stop after he observed Appellant driving a truck, weaving in its lane, and
cr... More...
   $0 (03-08-2016 - MO)

Dauda Kohlheim vs. State of Missouri

The State charged Movant with one count of second-degree statutory rape. Movant was
found to be a prior felony offender and also a felony persistent offender. The trial court
conducted a jury trial. The evidence presented at trial showed that the victim, R.M., who was then sixteen, had
planned to spend the night with a family friend, Tashia Roberts. Ms. Roberts took victim with More...
   $0 (03-08-2016 - MO)

State of Missouri vs. Jeffrey P. Thompson

On February 1, 2013, Thompson was driving his girlfriend’s 2013 black Chevrolet
Impala rental car; Jeremy Williams and David West were passengers. Thompson knew that
Williams had a 9-millimeter semiautomatic black gun tucked into the waist of his pants.
About 7:00 p.m. that evening, Christopher Munns, a Papa John’s Pizza deliveryman,
delivered a pizza at 4006 Oak in Kansas Cit... More...
   $0 (03-01-2016 - MO)

State of Missouri vs. Kenneth Payne

In 2003, T.S., the child victim, was seven years old. McClure, T.S.'s step-father,
lived with T.S., T.S's mother, and T.S.'s brother. T.S. testified that in 2003 McClure had
repeatedly sexually assaulted her. For example, one time when T.S. was sitting on
McClure's lap in a recliner, he placed her hand on his penis. On another occasion, T.S
woke with her panties removed and... More...
   $0 (03-01-2016 - MO)

State of Missouri, Respondent vs. Luis Zetina-Torres

On July 16, 2010, Missouri State Highway Patrol Sergeant Brooks McGinnis
(hereinafter, “Sgt. McGinnis”) was working a “ruse” drug checkpoint on Interstate 70 in
Saline County at the Route EE and K exit. This operation entailed placing signs on the
interstate informing drivers that a drug checkpoint was ahead when, in fact, no
checkpoint existed. The informational signs were i... More...
   $0 (03-01-2016 - MO)

State of Missouri vs. James M. Sanders

Sanders was charged with robbery in the first degree for a 2012 bank robbery. He
was determined competent to stand trial after a psychiatric examination. Sanders chose
to represent himself, and standby counsel was appointed. According to the evidence at
trial—the sufficiency of which is not challenged on appeal—Sanders walked into Lindell
Bank and handed the teller a note. ... More...
   $0 (02-24-2016 - MO)

Marvin Salter, administrator of the Estate of Jacqueline Fox, deceased, v. Johnson & Johnson

St. Louis, MO - Marvin Slater sued Johnson & Johnson on a products liability wrongful death theory claiming that Defendnt's baby products including baby power and Shower to Shower contain talcum direct caused his Mother, Jackie Fox, age 62, to develop ovarian cancer and die claiming:

Plaintiffs bring this cause of action against Defendants pursuant to Rule 52.05(a)
of the Missouri Ru... More...
   $72000000 (02-24-2016 - MO)

State of Missouri vs. LaTroy Sanders

In September 2014, the State charged Defendant for crimes that occurred between 2004
and 2010. The State substituted an information for the indictment, and after the trial court
dismissed four counts on statute of limitations grounds, a second substitute information in lieu of
indictment was filed. Trial commenced on four counts of statutory rape in the first degree (in
violati... More...
   $0 (02-16-2016 - MO)

Shatondi Rice vs. State of Missouri

On September 30, 2013, Movant pled guilty to one count each of second-degree murder
and armed criminal action. The trial court sentenced Movant, based on the plea agreement, to
life on the second-degree murder charge and to a concurrent life sentence on the armed criminal
action charge. On February 26, 2014, Movant filed his timely pro se post-conviction motion challenging
hi... More...
   $0 (02-16-2016 - MO)

State of Missouri vs. Lawrence Brandon

Defendant was charged with a total of sixteen counts for events that occurred on the night
of April 16, 2012, and into the early morning of April 17, 2012. Victim was leaving a bar where
she occasionally worked when Defendant and two other co-defendants jumped out from behind a
dumpster brandishing a gun and told her to get in her car with them. While driving, the men
took tu... More...
   $0 (02-02-2016 - MO)

Rickey E. Ferdinand vs. State of Missouri

On March 18, 1993, Appellant Rickey Ferdinand entered a home in Kansas City and had
sexual intercourse with C.G., a fifteen-year-old girl, without her consent and by use of forcible
compulsion. Ferdinand was subsequently arrested and C.G. provided vaginal swabs for
examination by the Kansas City Police Department Crime Laboratory (“Crime Lab”). C.G. also
made several statemen... More...
   $0 (02-02-2016 - MO)

State of Missouri vs. Jerri Smiley

In June 2013, Ms. Smiley, then 16 years old, was arrested by police for allegedly
stabbing another young woman in the back with a knife, causing a wound that required
seven surgical staples to close. The Greene County juvenile officer filed a petition in the
circuit court’s juvenile division alleging that Ms. Smiley had committed acts that, if
committed by an adult, would cons... More...
   $0 (01-26-2016 - MO)

State of Missouri vs. Derrick L. Carrawell

In April 2012, four City of St. Louis police officers went to investigate complaints
of increased gang activity in a particular neighborhood. While the officers were speaking
with several neighborhood residents outside an apartment building, Officer Curtis
Burgdorf noticed a vehicle pull up nearby with the driver (Carrawell) staring at the
officers for about 30 seconds before ... More...
   $0 (01-13-2016 - MO)

Jeannie Owens vs. Missouri State Board of Nursing

When the Missouri State Board of Nursing revoked Jeannie Owens's nursing license
pursuant to section 335.066.16(1)(a), RSMo Cum. Supp. 2013, because Owens had pled guilty to
driving while intoxicated, Owens filed a petition for judicial review of the Board's decision with
the Circuit Court of Cole County. The circuit court reversed the Board's revocation order
concluding that ... More...
   $0 (11-29-2015 - MO)

DANIEL LEE PHERIGO vs. STATE OF MISSOURI

Rex and Carol Malson lived in Branson and, in September 2010, went on vacation. On
September 29, 2010, Deputy Donald Piveral of the Taney County Sheriff’s Department received
a report of a burglary at the Malsons’ home. When he arrived at the scene, the front door and
garage door of the residence were open. Items in the home were strewn about. Deputy Piveral
photographed th... More...
   $0 (11-29-2015 - MO)

Dominic Lamar Hawkins vs. State of Missouri

A jury convicted Movant of two counts of first-degree assault and two counts of armed
criminal action. Movant was sentenced to four concurrent terms of 18 years’ imprisonment.
Movant appealed to this Court, and we affirmed his convictions and sentences in State v.
Hawkins, 327 S.W.3d 626 (Mo. App. E.D. 2010). On January 12, 2011, this Court issued its mandate in Movant’s direct a... More...
   $0 (11-28-2015 - MO)

Natalie R. DePriest vs. State of Missouri

Prior to the events in this case, Movant had been living in a residence with her brother David DePriest ("Brother") for about seventy days. Brother had lived in the residence for about six months, prior to which he had lived in Colorado where he was licensed to legally grow marijuana. In August of 2011, Police executed a search warrant at the residence shared by Movant and Brother. During the se... More...   $0 (11-28-2015 - MO)

 
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