DWI Preliminary breath test supports probable cause   On appeal to the circuit court, from the Director of Revenue’s decision to suspend a driver’s license for driving while intoxicated, the elements that the Director must show include an arrest of driver on probable cause to believe that driver … [Read more...] about Case summaries for June 9 – June 15, 2023

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DWI U.S. park ranger was an arresting officer    Driver appealed from the Director of Revenue’s suspension of driver’s license, for refusing a breath test, to circuit court. Under the Implied Consent Law, the elements that the Director must prove in circuit court include probable cause for a DWI … [Read more...] about Case summaries for May 19 – May 25, 2023

Criminal Too many inferences for a conviction Evidence suggesting that defendant lived at a mobile home, at some time around when somebody cultivated marijuana nearby, does not show that defendant cultivated the marijuana. “To first draw an inference that [d]efendant was living at the mobile home … [Read more...] about Case summaries for May 12 to May 18, 2023

Criminal Evidence Photograph of Victim’s Wound Admissible  “If a photograph is shocking or gruesome, it is generally because the crime itself was shocking or gruesome.” A post-surgical photograph of a victim’s wound, dressed and with blood cleared away, was not more inflammatory than probative. … [Read more...] about Case summaries for April 21 – April 27, 2023

MARCH 31, 2023 JEFFERSON CITY — Today, Governor Mike Parson announced two judicial appointments to the 21st Judicial Circuits. The Honorable John Robert Lasater, of Kirkwood, was appointed as Circuit Judge for the 21st Judicial Circuit. Judge Lasater currently serves as an associate circuit judge … [Read more...] about GOVERNOR PARSON ANNOUNCES JUDICIAL APPOINTMENTS

DWI Refusing test is not self-incrimination   “[A] refusal to take a blood-alcohol test, after a police officer has lawfully requested it, is not an act coerced by the officer, and thus is not protected by the privilege against self-incrimination [,]” so using “evidence of a refusal against a … [Read more...] about Case summaries for March 24 – March 30, 2023

Criminal Mandated reporter is not a government agent Appellate review of a criminal conviction for sufficiency of the evidence ignores evidence and inferences contrary to the verdict. Statute defining the offense of possessing child pornography does not include the date of possession as an element … [Read more...] about Case summaries for March 10 – March 16, 2023

28 February 2023 ST. LOUIS – The Twenty-First Circuit Judicial Commission announces the panel of three nominees to be submitted to Governor Michael L. Parson to fill the circuit judge vacancy in the 21st Judicial Circuit (St. Louis County) created by the resignation of Judge William M. Corrigan … [Read more...] about 21st circuit commission announces nominees for Corrigan circuit judge vacancy in St. Louis County

28 February 2023 ST. LOUIS – The Twenty-First Circuit Judicial Commission announces 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 Nicole S. Zellweger to circuit judge. … [Read more...] about 21st circuit commission announces nominees for Zellweger associate circuit judge vacancy in St. Louis County