Attorneys
“Elvis” judge removed for politicking from the bench
The Commission on Retirement, Removal and Discipline found facts and determined whether judges were subject to discipline, and recommended a degree of discipline. Only the Supreme Court of Missouri decided what the discipline would be. The record refuted the respondent circuit judge’s allegations of commission misconduct. The Supreme Court of Missouri rejected the resolution negotiated between the commission and the respondent circuit judge. “Either [the respondent] is fit to serve or he is not.” The latter was the case. Offering uncompelled evidence in a circuit court action and dressing like Elvis Presley in court merited discipline. Political activity from the bench was “more than sufficient” for removal. The Supreme Court of Missouri removed respondent, effective immediately, and entertained no post-disposition motions. Â
In re: The Honorable Matthew E.P. Thornhill, Respondent
Supreme Court of Missouri –Â SC101374
Criminal
Felon shown to be in possession of a firearm
The elements of unlawful use of a weapon by being a felon in possession included possession. Possession could be actual or constructive, and sole or joint, and was subject to proof by circumstantial evidence including easy reach and convenient control. The firearm was under the car seat, with handle and magazine protruding, in which the defendant was sitting. That evidence supported a finding of actual possession. Other occupants’ lesser access did not negate the defendant’s access. The defendant’s flight from arresting officers also showed consciousness of guilt.
State of Missouri, Respondent, vs. Jayelyn Z. Rivers, Appellant
Missouri Court of Appeals-Eastern District –Â ED113150
