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]