Case summaries for Dec. 27, 2024-Jan. 2, 2025

Criminal | Local Government | Personal injury

Criminal

Death, not mere risk of death, barred expungement
Statute provided expungement of felony convictions except when death was an element of the offense. The petitioner for expungement had a conviction for resisting arrest under a statute that enhanced the offense for a “substantial risk of serious physical injury or death[.]” A substantial risk of death occurred when the petitioner resisted arrest, but a substantial risk of an event was not the event, so death was not an element of the petitioner’s offense. The circuit court did not err in denying the state’s motion to dismiss and expunging the conviction.
D.D., Petitioner-Respondent v. MISSOURI STATE HIGHWAY PATROL, Respondent-Appellant
Missouri Court of Appeals-Southern District - SD38372

Voir dire hypothetical was too close to allegations
The parties could not ask venire persons what venire persons would do under hypothetical facts like those alleged. The defense asked venire persons whether they would do what the state alleged the defendant to have done under the circumstances alleged. The question was also confusing and did not relate to potential partiality or bias. The circuit court did not err in sustaining the State’s objection. The Missouri Court of Appeals affirmed the conviction.
STATE OF MISSOURI, Plaintiff-Respondent v. DAMYON WAYNE FISHER, Defendant-Appellant
Missouri Court of Appeals-Southern District - SD38329

Local Government

Governor fills vacant prosecuting attorney post
Constitutional provisions authorized the governor to fill vacancies in public offices and statutes authorized the governor to fill vacancies in State offices except as otherwise provided by law. Constitutional provisions authorized counties to draft charters for home rule and county charter authorized the county executive to fill vacancies in county offices. County offices were those that addressed county functions, while the prosecuting attorney addressed State functions. “As the public officer possessing the duty of charging state crimes and representing the State, the prosecuting attorney is required to ‘institute and prosecute all criminal actions in the circuit court [,’ and e]ven the Attorney General lacks this broad authority.” Therefore, a vacancy in the office of prosecuting attorney was subject to appointment by the governor, not the county executive, and the circuit court did not err in granting declaratory judgment accordingly.
(Overview Summary)
State of Missouri, et al., Respondents, v. St. Louis County, Missouri, et al., Appellants.
Missouri Court of Appeals-Eastern District - ED113210

Personal injury

One causation did not negate another
On a motion for summary judgment, the party without the burden of proof could prevail by establishing facts, beyond genuine dispute, that entitled the movant to a favorable ruling. In an action for personal injury, the defendant’s summary judgment motion argued sovereign immunity. The plaintiff responded with proof of a dangerous condition of the defendant’s property that, by statute, constituted a waiver of sovereign immunity. The defendant’s reply raised causation, arguing that a third person’s conduct caused the plaintiff to trip over her own feet, negating any causation by a dangerous condition. On that theory, the circuit court ruled for the defendant. But a third party’s conduct “negligence alone was not sufficient to negate the causation element of the dangerous condition exception.” The Missouri Court of Appeals reversed the judgment and remanded the action.
(Overview summary)
Mary Beth Fryman, Appellant, v. The Board of Regents of Southeast Missouri State University, Respondent.
Missouri Court of Appeals-Eastern District - ED112690