Kelly Johnson ("Mother") appeals the judgment1 dissolving her marriage to David Debyle ("Father"). In seven, somewhat overlapping points on appeal, Mother alleges the court committed reversible error by: 1) awarding custody of the children to Father instead of to third-party intervenors; 2) issuing a parenting plan that is so vague and indefinite as to constitute an unenforceable, conditional judgment; and 3) wrongly dividing multiple... ... ... bank accounts the parties held...  

Claude and Shirley Fairchild (collectively, "Sellers," and individually, "Claude" or "Shirley")1 appeal the judgment of the Circuit Court of Cedar County, Missouri, granting rescission of a contract for deed ("the Contract") and damages to Scott and Christine Greenstreet (collectively, "Buyers," and individually, "Scott" or "Christine") based upon breach of contract, constructive eviction, and trespass. Sellers make three claims on appeal:...  

Appellant Cregg A. Goodwin ("Movant") appeals the motion court's denial following an evidentiary hearing of his "First Amended Motion to Vacate, Set Aside, and/or Correct Judgment and Sentence and Request for Evidentiary Hearing" filed pursuant to Rule 24.035.1 On November 27, 2007, Movant pled guilty to two counts of the Class A felony of attempted robbery in the first... ... ... degree, violations of section 569.020; two counts of the unclassified felony of armed criminal...  

Jerry Hahn (Jerry) brought suit against his daughters, Patricia Tanksley (Pat) and Mona Horrell (Mona) (collectively, Daughters), and their husbands, Rick Tanksley and Randy Horrell.1 Jerry sought to set aside a deed and recover proceeds from certain bank accounts that Daughters had allegedly converted. Shortly after the case was tried to the court, Jerry died. Madolyn Hahn (Hahn), who was Jerry's third wife, was appointed as... ... ... the personal representative of his estate. Personal...  

The Director of Revenue ("the Director") revoked for one year the driving privileges of Paul Grayson Neal, Jr. ("Driver") for refusing to submit to a breath test, a violation of section 577.041.3, RSMo Cum.Supp. 2006.1 Driver filed a petition... ... ... for a trial de novo in the circuit court pursuant to section 577.041.4.2 After refusing to grant the Director's request for a continuance, the circuit court held a hearing on Driver's petition and entered a judgment ordering the...  

Appellant, Allan McCauley ("Defendant"), appeals the trial court's judgment, following a jury trial, convicting him of three counts of aggravated stalking. See § 565.225.3.1 Defendant claims insufficient evidence was presented to the jury that he made a "credible" threat to the victim, as required by § 565.225.3 and as defined by § 565.225.1(2), and that, because his actions were a single, continuing course of conduct over a four-day period, convicting him of...  

The defendant appeals his judgment of conviction for the class-D felony of driving while intoxicated ("DWI"). The trial court used his prior municipal-court conviction for driving with excessive blood-alcohol content ("BAC") to enhance the penalty he faces for DWI. The defendant challenges the use of this municipal-court BAC conviction, citing Turner v. State, 245 S.W.3d 826 (Mo. banc 2008). The defendant argues that the Missouri Supreme Court's reasoning in Turner compels us to...  

Kimberly Williams (Claimant) appeals from the decision of the Labor and Industrial Relations Commission (Commission) finding her ineligible for unemployment benefits because she voluntarily left her employment without good cause attributable to her work or her employer. We reverse and remand... Factual and Procedural Background... On June 19, 2009, a deputy for the Missouri Division of Employment Security (Division) disqualified Claimant from receiving unemployment benefits based on its finding...  

Matthew W. Miller ("Claimant") appeals from the decision of the Labor and Industrial Relations Commission ("the Commission") affirming the decision of the Appeals Tribunal dismissing Claimant's appeal for failure to appear at the hearing. Claimant asserts the Commission erred in dismissing Claimant's appeal because Claimant provided evidence of good cause for failing to appear. We reverse and remand... Claimant worked for Rehnquist Design and Build, Inc. ("Employer") for...  

Michael Yakes (Claimant) appeals the Labor and Industrial Relations Commission's (Commission) decision denying his application for unemployment benefits. We dismiss the appeal... A deputy of the Division of Employment Security (Division) concluded that Claimant was ineligible for unemployment benefits. He appealed to the Appeals Tribunal of the Division, which affirmed the deputy's decision. Claimant then filed an application for review with the Commission, which issued an order affirming the...  

Mark Shaver (Claimant) appeals the Labor and Industrial Relations Commission's (Commission) decision denying his application for unemployment benefits. We dismiss the appeal... A deputy of the Division of Employment Security (Division) concluded that Claimant was eligible for unemployment benefits. His employer then appealed to the Appeals Tribunal of the Division, which reversed the deputy's decision and concluded Claimant was ineligible for benefits. Claimant then filed an application for...  

Ronald Joe Hayes appeals from a judgment in his favor against Trisha G. Price for injuries he suffered when his motorcycle collided with her automobile. The collision occurred at an intersection when Ms. Price made a left-hand turn across the lane in which Mr. Hayes was traveling straight. On appeal, Mr. Hayes asserts that the trial court erred in submitting to the jury a comparative fault instruction for his "failure to keep a careful lookout" because Ms. Price failed to present...  

Gail L. Daws failed to yield to police officers who attempted to execute a traffic stop. Daws pleaded guilty to charges of failure to yield to an emergency vehicle in violation of section 304.022, RSMo 2000.1 Following the guilty plea, the state charged Daws with the class D felony of resisting arrest in violation of section 575.150. The circuit court dismissed the charge for resisting arrest on grounds that the successive prosecution violated Daws' right to be free from double jeopardy. The...  

Timothy Wagner was robbed. Robert Williams was charged with robbery in the second degree by acting with another. At trial, Williams testified in his own defense, denying the charge. At the instruction conference, he requested the jury be instructed on the lesser included offense of felony stealing. The trial court refused Williams' request and only instructed the jury on robbery in the second degree. The jury found Wagner guilty of robbery. The trial court erred in refusing to instruct the jury...  

Zackary Lee Stewart was convicted of first-degree murder and sentenced to life imprisonment without the possibility of parole. He appeals after being denied a new trial, asserting that a new trial is warranted because newly discovered evidence indicates that his brother-in-law, whose DNA was found on a bloody hat at the crime scene, stated that he had killed someone and that he was present at the victim's murder. Zackary argues that this new evidence, particularly considered in light of the DNA...  

Harrell Johnson appeals the circuit court's judgment convicting him of murder in the first degree.1 Johnson contends that the evidence was insufficient to support a finding of guilt beyond a reasonable doubt for murder in the first degree because the State failed to produce evidence that Johnson knowingly caused Erica Michelle Marie Green's death after deliberation upon the matter. We affirm the circuit court's judgment... ... ... Viewing the evidence in the light most favorable to the verdict,...  

Ronald N. Jaegers appeals the circuit court's judgment denying his Rule 24.035 motion without an evidentiary hearing. Jaegers pleaded guilty to aggravated stalking. In this appeal, Jaegers alleges the circuit court clearly erred in denying his motion without an evidentiary hearing because he alleged facts, which if true would entitle him to relief and which are not refuted by the record. Specifically, Jaegers claims that he felt coerced into pleading guilty because his attorney demanded payment...  

Robert R. Wisdom ("Husband") appeals from the judgment of the trial court dissolving the marriage between Husband and Nancy J. Wisdom ("Wife") and distributing the marital assets. In his single point on appeal, Husband claims that the trial court erred in exercising control over the assets of a company called Kansas City/River Market Produce, Inc., because the company was never properly made a party in that it was never served with a summons, nor did it appear in court...  

Lester A. Stone appeals the circuit court's judgment denying his petition for writ of mandamus. On appeal, he contends that he is entitled to mandamus relief because the Missouri Department of Corrections and the Missouri Board of Probation and Parole (referred to collectively as "the Department") have a clear ministerial duty to recalculate his mandatory minimum prison term pursuant to the 1994 and 1999 amended versions of section 558.019, RSMo. We affirm... Stone committed robbery in...  

Stephen Coleman, Daedalus Capital, LLC, Chicken Little Fund Group, Daedalus Alpha, Inc., and Alpha Strategy Fund, L.P.1 (collectively, "Coleman") appeal from the trial court's judgment dismissing their petition for review due to Coleman's failure to exhaust administrative remedies. Coleman claims that the trial court erred in: (1) holding that it lacked subject matter jurisdiction to determine the propriety of the "final order"... ... ... entered by the Commissioner of...