Criminal
Marijuana offense defined
Constitutional provisions required expungement of any “marijuana offense.” The mere presence of marijuana in otherwise criminal conduct did not constitute a marijuana offense. Marijuana offenses included any offense that, but for the use, possession, cultivation, and distribution of marijuana would not be a crime.” Possessing a firearm was unlawful only because of the associated marijuana and therefore, was subject to expungement. The Court of Appeals reversed the judgment denying expungement and remanded the action with directions to expunge the conviction.
C.S. vs. Missouri State Highway Patrol Criminal Justice Information Service; Lafayette Prosecuting Attorney
Missouri Court of Appeals, Western District – WD86693
Knowledge and purpose shown in terroristic threat
On a charge of making a terrorist threat, the elements included knowingly communicating a threat. A jury could use any evidence admitted without objection for any purpose, so a dispatch memo describing defendant’s statement as “going to go to the school and shoot all the kids up” supported a finding that defendant used those words, testimony to the contrary from another witness notwithstanding. The reaction of the statement’s recipient also supported a finding that the defendant knowingly made a threat. The elements also included “the purpose of frightening ten or more people.” Whether a communication was constitutionally protected speech was a challenge to the sufficiency of the charging instrument that was due in a pre-trial motion and waived when not raised at the earliest opportunity. The Court of Appeals affirmed the conviction.
STATE OF MISSOURI, Plaintiff-Respondent v. SHANE HOWARD KEATHLEY, Defendant-Appellant
Missouri Court of Appeals, Southern District – SD37766