Category Archives: General

Hearsay is an out-of-court statement offered for the truth of the matter stated. On charges of stealing, the State offered rental records to show how property manager stole money, so the records were not hearsay. And, even if they were, the … Continue reading →

“Insofar as such a proceeding affects status only, the action [for dissolution of marriage] is in rem or quasi-in-rem and requires only that the res be before the court upon proper notice” to the parties. Notice to a party by publication is sufficient only when that … Continue reading →

Missouri Constitution’s Hancock Amendment bars political subdivisions from levying a tax without voter approval, but a sewer district’s bill based on owner’s voluntary connection to the system is a fee, not a tax. Statutes generally extinguish inferior assessments upon a … Continue reading →

Statutes determine degree of offense, in part, by motivations that include victim’s ancestry. “‘Because of’ in hate crime statutes means that ‘but for’ the victim’s race or other enumerated characteristics, the defendant would not have committed the crime.” The prosecution’s … Continue reading →

Statute provides that documents certified as business records are admissible, so circuit court erred in sustaining a hearsay objection against appellant’s medical records. No offer of proof was necessary to preserve the issue because the certification specified the disputed evidence … Continue reading →

In an action for renewal of a full order of protection, statutes provide that circuit court remains vested with personal jurisdiction from the earlier order. Appellant did not show that renewal of the full order of protection violated access to … Continue reading →

Statutes provide that the crime of distributing a controlled substance in a protected location includes the mental state of “knowingly.” Knowingly means with awareness. Identifiable structures of a high school were visible across the street from appellant’s porch, which supported … Continue reading →

Statutes create the action for unlawful detainer to determine the right of immediate possession, and describe the persons subject to such action, and the persons withstanding to bring such action. Purchase at sheriff’s sale did not constitute purchase after foreclosure … Continue reading →

Statutes governing workers’ compensation allow an action for employer’s retaliation against a claimant’s exercise of those rights, and that action is within the statutes’ waiver of sovereign immunity for political subdivisions, including defendant school district. School district’s motion for summary … Continue reading →