Criminal Cross-Examination Does Not Waive Hearsay Objection  The elements of unlawful use of a weapon, by being a felon in possession of a firearm, include control over a firearm. A State witness relayed a hearsay statement, offered to explain the witness’s subsequent conduct, but also declared … [Read more...] about Case summaries for April 22 – April 28, 2022

APRIL 22, 2022 JEFFERSON CITY — Today, Governor Mike Parson appointed the Honorable Thomas A. McCarthy as Circuit Judge for the 22nd Judicial Circuit. He will fill the Circuit Judge vacancy created by the retirement of the Honorable David L. Dowd. Judge McCarthy, of St. Louis, currently serves … [Read more...] about OVERNOR PARSON APPOINTS HONORABLE THOMAS MCCARTHY AS CIRCUIT JUDGE FOR 22ND JUDICIAL CIRCUIT

14 April 2022 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 Heather Cunningham as circuit judge. Those … [Read more...] about 21st circuit commission announces nominees for Cunningham associate circuit judge vacancy in St. Louis County

Criminal Standards Explained for Good Samaritan Drug Possession Defense  Dismissal of a criminal case without a finding of guilty or not guilty “had the practical effect of terminating all possibility of future prosecution” so it is subject to appeal without double jeopardy. Statutes immunize … [Read more...] about Case summaries for March 18 – March 24, 2022

Criminal Evidentiary Hearing Required in Expungement Action  Dismissal of a criminal charge is grounds for expungement of a related arrest record. Plaintiff must prove that “no charges will be pursued as a result of the arrest [,]” and the dismissed charge against plaintiff was subject to renewed … [Read more...] about Case summaries for March 11 – March 17, 2022

Criminal Time Bars Witness Tampering Charge  The statute of limitations for tampering with a witness is one year. The information alleged that respondent attempted to dissuade victim from testifying to an underlying offense, but alleged that those events occurred one year and one day before the … [Read more...] about Case summaries for Feb. 18 – Feb. 24, 2022

Criminal Waiver of Hearing Off the Record Is Plain Error   Defendant had the right to waive counsel voluntarily, knowingly, and intelligently. An effective waiver requires a signed form and “a thorough evidentiary hearing that establishes that the accused understands exactly what rights and … [Read more...] about Case summaries for Feb. 11 – Feb. 17, 2022

January 28, 2022 JEFFERSON CITY — Today, Governor Mike Parson appointed the Honorable Heather R. Cunningham as Circuit Judge for Division 3 of the 21st Judicial Circuit. She will fill the Circuit Judge vacancy created by the retirement of the Honorable Sandra Farragut-Hemphill. Judge Cunningham, … [Read more...] about GOVERNOR PARSON APPOINTS HONORABLE HEATHER R. CUNNINGHAM AS CIRCUIT JUDGE FOR 21ST JUDICIAL CIRCUIT

Case summaries for Jan. 14 - Jan. 20, 2022 Criminal Patrol Car Pat-Down Okay       The circuit court’s credibility determinations are subject to review for clear error but receive deference in the light most favorable to the circuit court’s ruling, so appellant’s own testimony to the contrary … [Read more...] about Case summaries for Jan. 14 – Jan. 20, 2022

Krista Peyton was appointed as Associate Circuit Judge for St. Louis County in the 21st Judicial Circuit. Ms. Peyton will fill the Associate Circuit Judge vacancy created by the appointment of the Honorable Virginia Lay to Circuit Judge. Ms. Peyton, of St. Louis, currently serves as General … [Read more...] about Krista Peyton was appointed as Associate Circuit Judge for St. Louis County in the 21st Judicial Circuit