Case Law Updates Nov. 22- Nov. 27
Criminal
Bond Forfeiture Affirmed
On forfeiture of bond, the record shows that appellant had notice and an opportunity to be heard, and rules provide that the circuit court can grant its own or any party’s unwritten motion for default and execution, so the circuit court did not err in denying appellant’s motions to vacate and set aside. Statutes bar forfeiture of bond if defendant is incarcerated, but incarceration occurred after bond forfeiture was complete, so circuit court did not err in denying relief from forfeiture. Appellant raised irregularity of judgment too late in that appellant did not raise it in circuit court and, even if it had, its motion was untimely for irregularity of judgment.
State of Missouri, Respondent, v. James B. Declue, Defendant, Lexington National Insurance Corporation, Surety-Appellant.
Missouri Court of Appeals, Eastern District – ED107634
Timing for Expungement Explained
The elements of a claim for expungement include at least seven years between the date on which “the petitioner completed any authorized disposition imposed . . . for each offense . . . listed in the petition . . . ” and the date on which petitioner filed the petition.
S.E.M., Respondent, vs. St. Louis County, Missouri, et al., Defendants, and Missouri State Highway Patrol Criminal Records Repository, Appellant.
Missouri Court of Appeals, Eastern District – ED107403
Road Rage Convictions Affirmed
To submit an instruction based on the statute that codifies the castle doctrine requires evidence that supports a finding on each element of that defense, including a substantial step toward physical assault, which defendant did not show. A jury need not find a defendant not guilty as to a greater charge before convicting on a lesser included offense, so conviction on a lesser included offense did not constitute acquittal on the greater charge. “[T]he verdict . . . may easily be explained by jury compromise or lenity.” Therefore, conviction on a lesser included offense does not raise a successive prosecution issue under double jeopardy and does not constitute a verdict inconsistent with other guilty verdicts.
State of Missouri vs. John C. Young, Jr.
Missouri Court of Appeals, Western District – WD81706
Circuit Court’s Every Effort Was Less than Reasonable
Statutes provide that circuit court may revoke probation only if the circuit court makes every reasonable effort to hold a hearing on revocation. Merely issuing a warrant when the circuit court knows that probationer is in jail is less than every reasonable effort to convene the hearing, and the respondent’s denial of that knowledge “rests on a blatant mischaracterization of the record.” Court of Appeals makes permanent its writ of mandamus requiring the circuit court to grant petitioner’s motion for discharge.
State of Missouri, ex rel. Christopher Culp vs. The Honorable Dennis Rolf, Circuit Judge
Missouri Court of Appeals, Western District – WD83255