Case summaries for Jan. 3-9, 2025

Criminal | Family | Workers' compensation

Criminal

Kidnapping and resisting arrest shown
The elements of kidnapping in the second degree did not include terrorizing victim. The elements of resisting arrest did not include the purpose of committing that offense, and the State showed that defendant tried to physically prevent an arrest that defendant knew was occurring. At the close of the State’s evidence, defendant moved for acquittal, and the circuit court denied that motion. The defendant then introduced evidence, which waived any error in the denial of acquittal at the close of the State’s evidence. A criminal verdict is not subject to review as against the weight of the evidence. Against the weight of the evidence is a different theory from no substantial evidence, so combining the two theories in one point relied on made a multifarious point, and appellant did not identify which verdict he was challenging. But appellate courts prefer to resolve appeals on claims that they can understand.
STATE OF MISSOURI, Plaintiff-Respondent v. JOHN YAGGY, Defendant-Appellant
Missouri Court of Appeals, Southern District - SD38339

Family

Parenting time was “approximately equal”
For child custody, statutes established a presumption favoring “approximately equal parenting time to each parent[.]” That presumption did not require a 50-50 split, and the standard remained the child’s best interest, which depended on the circumstances before the circuit court. The circuit court applied that standard to the facts, as the circuit court found them, and consistently with its credibility determinations. Contrary evidence was not relevant on appeal, even though appellant was a physician. “[A]n expert’s opinion is not entitled to more weight, as a matter of law, than a lay witness’s testimony or even any weight at all[.]”
(Overview summary)
Frank Chan vs. Elizabeth Chan
Missouri Court of Appeals-Western District - WD87136

Workers’ compensation

Combination, not causation, was essential for second injury fund
In a claim for benefits from the Second Injury Fund, the elements included a disability that resulted from the combined effects of a primary injury and a pre-existing disability, not whether the pre-existing disability caused the primary injury. So, when the primary injury alone permanently and totally disabled claimant, no fund liability resulted. As to causation, the findings of the Missouri Labor and Industrial Relations Commission had support in substantial and competent evidence, and those findings were not against the overwhelming weight of the evidence. The Missouri Court of Appeals affirmed the commission’s award.
(Overview summary)
Robert Balliu vs. Treasurer of the State of Missouri - Custodian of the Second Injury Fund
Missouri Court of Appeals-Western District - WD87032