Monday, August 23, 2010

State ex rel. Laughlin v. Bowersox[1]

Opinion handed down August 23, 2010
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri discharged a man after he served over fifteen years in prison for burglary and property damage after finding that the circuit court in which the man was convicted and sentenced lacked jurisdiction. The court held that federal courts should have heard the defendant’s case because the offense occurred on federal property and the defendant’s failure to raise the issue of jurisdiction in an earlier proceeding did not bar his petition for habeas corpus relief.

Tuesday, August 3, 2010

White v. Director of Revenue[1]

Opinion issued August 3, 2010
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri found that the record supported the trial court’s conclusion that the arresting police officer lacked probable cause to arrest Mr. Adam White for driving while intoxicated. The contested issue of probable cause is viewed in the light most favorable to the judgment. Since the government did not request written findings at trial, the trial court could have disbelieved the director of revenue’s (
director) evidence. Therefore, the trial court’s judgment was not against the weight of the evidence.

State v. Bateman[1]

Opinion handed down August 3, 2010
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri held that there was sufficient evidence to support a finding of deliberation when a defendant had adequate opportunity to terminate the confrontation, previously threatened the deceased, and brought a deadly weapon to the scene of the crime. Additionally, the court held that the trial court did not err in denying the defense’s Batson challenge when it found that the prosecutor’s strike of an African-American juror during voir dire was not racially motivated.

School District of Kansas City v. State[1]

Opinion issued August 3, 2010
Link to Mo. Sup. Ct. Opinion

In 2005, the Missouri legislature permitted charter schools to become local education agencies within public school districts. School District of Kansas City has a bold impact on state funding to public schools but, because of the law’s language, only affected the Kansas City Missouri School District (“KCMSD”). The KCMSD and three Missouri taxpayers brought suit against the state, arguing that the law violated the Missouri Constitution by allowing transfer of funds from KCMSD to the Kansas City charter schools and by creating an unfunded mandate for school districts to uphold. After a non-jury trial, the circuit court of Cole County rejected KCMSD’s claims and the Supreme Court of Missouri affirmed.

Friday, July 16, 2010

State ex rel. Garcia v. Goldman [1]

Opinion handed down July 16, 2010
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri held that a seven-year period between when the defendant was indicted and when he was arrested for first degree assault violated his constitutional right to a speedy trial, reasoning that too many witnesses and too many years had slipped away for the state to show that the defense was unimpaired.

Tuesday, June 15, 2010

Vaca v. Missouri[1]

Opinion handed down June 15, 2010
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri held that a criminal appellant’s defense counsel was constitutionally ineffective during the sentencing phase of a trial when he failed to consider calling a mental health expert to testify even though the counsel was apprised of the jury’s interest in appellant’s mental condition during the guilt phase. The court additionally held that the defense strategy of linking the defendant to a fourth robbery for which he had not been charged was reasonable, and, therefore, defense counsel was not constitutionally ineffective on this point. The court determined that appellant’s motion for post-conviction relief should have been granted in part. Ultimately the judgment was upheld in part, remanded in part, and reversed in part.