Introduction... Defendant Anthony Moore appeals the judgment of conviction for two counts of murder in the first degree on the grounds that the trial court erred in: 1) overruling Defendant's motions for judgment of acquittal; and 2) admitting evidence of Defendant's mental condition months after the charged offenses... Background... Defendant was the father of Toni Moore, two years of age, and Kanyé Anderson, nine months. On the afternoon of August 8, 2004, Defendant picked up his...  

Introduction... Terry Washington (Defendant) appeals from his conviction, following a jury trial, of first-degree robbery, in violation of Section 569.020.1 The trial court sentenced Defendant to 20 years of imprisonment. We affirm... Background... Defendant was charged by the State of Missouri (State) by Indictment with one count of first-degree robbery and armed criminal action. The Indictment alleged that in December 2005, Defendant forcibly stole U.S. currency in the possession of an agent...  

Linda Lewis appeals the decision of the Labor and Industrial Relations Commission (the "Commission") dismissing her claim for unemployment benefits. The Commission affirmed and adopted the decision of the Division of Employment Security's Appeals Tribunal dismissing Lewis's appeal for failing to appear. We dismiss Lewis's appeal... I. BACKGROUND... Lewis was terminated from her employment with Fort Zumwalt School District on May 23, 2007. On May 27, 2007, Lewis filed a claim for...  

Varnell Partee (Claimant) appeals the decision of the Labor and Industrial Relations Commission (Commission) dismissing his application for review of the Appeals Tribunal's decision to deny him unemployment benefits. We dismiss the appeal... A deputy of the Division of Employment Security (Division) concluded that Claimant was ineligible to receive unemployment benefits, because he left work voluntarily without good cause attributable to his work or employer. Claimant filed an appeal with the...  

Michael Taylor was convicted and sentenced to death for the murder of his cellmate at Potosi Correctional Center. After his sentence was affirmed on direct appeal, he sought post-conviction relief. He asserted, among other things, that the prosecuting attorney violated his due process rights by failing to disclose favorable impeachment evidence and that his trial attorneys provided him with ineffective assistance of counsel. The motion court overruled the motion... This Court concludes that the...  

Scott A. McLaughlin was tried and found guilty of first-degree murder. Because the jury deadlocked on the final step of the punishment phase, the question of punishment went to the trial judge, who imposed a sentence of death. Mr. McLaughlin argues that section 565.030.4 prohibited the judge from imposing any sentence but life imprisonment once the jury was unable to agree upon a punishment. He further argues it was error to instruct the jurors that they were required to unanimously agree that...  

Relators, comprised of Wyeth and various other pharmaceutical companies, seek a writ of prohibition to prevent the trial court from denying their motions to dismiss claims pending against them on forum non conveniens grounds. Specifically, they claim that the trial court abused its discretion in denying their motions to dismiss because all the relevant factors in the forum non conveniens analysis favor dismissal. While many of the relevant factors weigh in favor of applying the doctrine of...  

John Rogers, a criminal defense attorney, filed a petition for a writ of prohibition with this Court seeking relief from a subpoena duces tecum issued by a St. Louis County grand jury. The subpoena directed him to provide a copy of a sworn statement by his client's older son. The client is a person of interest in the grand jury investigation of the disappearance of his younger son, a ten-year-old disabled child. Rogers filed a motion to quash the subpoena in the Circuit Court of St. Louis...  

Facts... John Doe pleaded guilty to endangering the welfare of a child in the first degree in violation of section 568.045.1 As a factual basis for the plea, Doe noted he allowed himself to be alone with a girl and engaged in physical contact through clothing that was inappropriate given their ages. Pursuant to a plea agreement, the trial court suspended imposition of sentence and placed Doe on five years' probation with conditions... Subsequently, the trial court modified those conditions to...  

This case involves an award of attorneys' fees under section 536.087 RSMo 2000. That section, enacted as part of our Administrative Procedure Act (Chapter 536), authorizes a court or administrative body to award attorneys' fees against the state to a party who prevails in an "agency proceeding" or "civil action arising therefrom." Because we determine that the independent action in equity filed by the Respondent Bryant Stigger was not an "agency proceeding" and did not...  

Ronald and Joanna Cooper appeal the judgment of the trial court in favor of Demmaree Carns on her claim of adverse possession. In their sole point on appeal, the Coopers assert that the trial court erred in entering judgment for Ms. Carns because she failed to prove that her use or possession of the disputed land was hostile. The judgment is affirmed... Factual and Procedural Background... The parties are owners of adjacent property in Mill Hollow Farms, a forty-acre parcel divided into four...  

Christopher A. Daugherty was an employee of the defendant, Allee's Sports Bar and Grill (Allee's). He was drinking off-duty at Allee's one night, while sitting with the General Manager of Allee's, Eric Walker, who was also off-duty. Off-duty employees are treated as customers at Allee's and receive no discounts for food and drink. Jamie Yoder was the bartender at Allee's that evening. Mr. Daugherty and Mr. Walker both ordered beer. Before serving beer to Mr. Daugherty, Ms. Yoder placed a...  

This appeal arises from a suit for indemnity between two doctors, Robert Fast and James Marsten, who were both involved in a gynecological surgery performed on Kimberly Black in 1997. Fast appeals the grant of summary judgment in favor of the defendant, Marsten, on Fast's petition for indemnity. Fast and Marsten were both named defendants in Black's medical malpractice suit. Prior to trial, Marsten settled with Black. Fast, the only defendant to go to trial was adjudged vicariously responsible...  

Carol Alberty (Wife) appeals and William Alberty (Husband) cross appeals from the trial court's judgment and decree of dissolution of marriage. Both challenge the trial court's award of maintenance to Wife. The judgment is affirmed in part and reversed in part... Facts... The parties were married on June 27, 1970. At the time of trial in November 2006, the parties had been married for thirty-six years, and Wife was almost fifty-eight years old. At the beginning of the marriage, Wife had a...  

James Gammon, Superintendent of the Moberly Correctional Center, appeals from a writ of mandamus ordering the Department of Corrections (DOC) to grant Charles Noltkamper credit against his prison sentence under Section 558.031, RSMo 2000. We quash the writ because the circuit court incorrectly applied the law... Factual and Procedural History... Noltkamper pled guilty to one count of burglary and one count of stealing in Crawford County Circuit Court and was placed on probation on December 23,...  

Community Alternatives Missouri, Inc., d/b/a Turtle Creek Group Home, (defendant) was convicted of resident neglect following a jury trial.1 Sections 562.0562 and 630.155. This court affirms... I. Criminal Charge... The information alleged that defendant committed the Class D felony of resident neglect. It charged that employees of defendant, "on or about between November 28, 2001, and January 10, 2002,... ... ... neglected Gary Oheim, a resident of a residential facility licensed by the...  

Appellants Norman Heiskell ("Employee"), now deceased; Paula Heiskell ("Wife"), Employee's dependent spouse; and Employee's dependent children, Charissa Heiskell ("Charissa") and Aaron Heiskell ("Aaron") (collectively "Appellants") appeal from the Labor and Industrial Relations Commission's ("the Commission") "Final Award Denying Compensation" ("the Final Award") for worker's compensation benefits based on Employee's death....  

Oak Bluff Condominium Owner's Association, Inc. ("Oak Bluff") appeals from judgments denying its claims for dues, fees, and special assessments against Oak Bluff Partners, Inc. ("Partners") and Mariner Pier 31 Yacht Club, L.L.C. ("Mariner") (collectively "Respondents"). The two cases were consolidated for purposes of trial and tried to the court without a jury. We address the two appeals in one opinion as the issues and analysis are identical... Oak Bluff...  

Daniel Stewart (Defendant) was charged by information with committing the class A felony of murder in the second degree. See section 565.021.1 The information alleged that Defendant killed his wife, Kathy Stewart (Kathy), by asphyxiating her. A jury convicted Defendant of this offense. Jury sentencing was waived, and the court imposed a 25-year term of imprisonment... Defendant presents four points for decision. In Point I, he contends the evidence was insufficient to convict him of...  

Introduction... Routt Homes, LLC ("Defendant") appeals from a judgment in favor of T.J. Schoenlein, Delora Hunter, Douglas Bice and Cynthia Bice (jointly, "Plaintiffs") in the Circuit Court of St. Charles County. Defendant argues that the trial court erred in finding in favor of Plaintiffs because Plaintiffs failed to prove they suffered an ascertainable loss of money or property. We find that the trial court erred in its assessment of damages and remand for retrial on the issue...