Criminal Statute Applied Retroactively A new statute bars prosecution for drug possession when defendant overdoses on a controlled substance and calls for medical help. That statute applies to events occurring before the statute’s effective date. Savings statute, preserving pre-amendment statutes … [Read more...] about Case summaries for Dec. 23 – Dec. 29, 2021

ST. LOUIS – The Twenty-First Circuit Judicial Commission announced the panel of three nominees to be submitted to Governor Michael L. Parson to fill the associate circuit judge vacancy in St. Louis County created by the appointment of Judge Virginia Lay as circuit judge. Those nominated by the … [Read more...] about 21st Circuit Commission announces nominees for Lay Associate Circuit vacancy in St. Louis County

ST. LOUIS – The Twenty-First Circuit Judicial Commission announced the panel of three nominees to be submitted to Governor Michael L. Parson to fill the circuit judge vacancy in St. Louis County created by the retirement of Judge Sandra Farragut-Hemphill. Those nominated by the commission … [Read more...] about 21st circuit commission announces nominees for Farragut-Hemphill circuit judge vacancy in St. Louis County

NOVEMBER 5, 2021 JEFFERSON CITY — Today, Governor Mike Parson appointed the Honorable Virginia W. Lay as Circuit Judge for Division 16 of the 21st Judicial Circuit in St. Louis County. She will fill the Circuit Judge vacancy created by the retirement of the Honorable Michael D. Burton. Judge … [Read more...] about GOVERNOR PARSON APPOINTS THE HONORABLE VIRGINIA W. LAY AS CIRCUIT JUDGE FOR DIVISION 16 OF 21ST JUDICIAL CIRCUIT

DWI Judgment Void Without Service Actual notice is no substitute for service of process “and a judgment entered against a party without proper service on that party is void for lack of jurisdiction.” Where the record does not show service on the Director of Revenue, circuit court’s judgment … [Read more...] about Case summaries for Oct. 29 – Nov. 4, 2021

Criminal Awareness Inferred Statutes provide that the crime of distributing a controlled substance in a protected location includes the mental state of “knowingly.” Knowingly means with awareness. Identifiable structures of a high school were visible across the street from appellant’s porch, which … [Read more...] about Case summaries for Oct. 22 – Oct. 28, 2021

OCTOBER 22, 2021 JEFFERSON CITY  Governor Mike Parson appointed First Assistant Attorney General Cristian M. Stevens to the Missouri Court of Appeals, Eastern District. Mr. Stevens will fill the vacancy created by the Honorable Judge Robin Ransom's appointment to the Missouri Supreme … [Read more...] about GOVERNOR PARSON APPOINTS FIRST ASSISTANT ATTORNEY GENERAL CRISTIAN M. STEVENS TO MISSOURI COURT OF APPEALS, EASTERN DISTRICT

29 September 2021 ST. LOUIS – The Twenty-First Circuit Judicial Commission announced the panel of three nominees to be submitted to Governor Michael L. Parson to fill the circuit judge vacancy in St. Louis County created by the retirement of Judge Michael Burton. Those nominated by the commission … [Read more...] about Commission Announces Nominees for Circuit Judge Vacancy in St. Louis County

Criminal Recklessness Discussed Statutes define recklessness by appellant’s subjective mental state—conscious disregard of risk—and an objective mental state, which is a gross deviation from a standard of care. The standard of care is that exercised by a reasonable person of appellant’s general … [Read more...] about Case summaries for Oct. 15 – Oct. 21, 2022

DWI Prosecuting Attorney Represents Director of Revenue On appeal of license revocation from the Director of Revenue to circuit court, the Director of Revenue has no duty to file a responsive pleading, but has the burden of proof and appears through the prosecuting attorney. Prosecuting attorney’s … [Read more...] about Case summaries for Oct. 8 – Oct. 14, 2021