Thursday, July 5, 2018

State v. Ajak

            Daniel Ajak was charged with three counts of domestic assault and one count of resisting arrest under section 575.150 of the Revised Statutes of Missouri.[1]  A jury acquitted him of two of the three domestic assault charges, and the prosecutor dismissed the remaining domestic assault charge when the jury could not reach a verdict.[2]  The jury did, however, convict Mr. Ajak of resisting arrest.[3]  On appeal, the Supreme Court of Missouri, en banc, Judge Laura Denvir Stith writing for the majority, reversed Mr. Ajak’s conviction, holding that any resistance by Mr. Ajak occurred after his arrest had been effected, and therefore did not constitute resisting arrest under section 575.150.[4]