Case summaries for July 10-16, 2026

Appellate | Criminal | Mental health

Appellate

Sufficiency of the evidence discussed 
When challenging the sufficiency of the evidence to challenge convictions, the appellants had to engage in a specific analysis: Identify the unsupported element, set forth the evidence tending to support that element, and show why such evidence did not support that element. The appellant failed to follow that analysis. The elements of second-degree rape included knowledge that the defendant did not have the victim’s consent. Supporting evidence included the interactions between the defendant and the victim, the defendant’s flight from the scene of the crime, and the victim’s search for help. The jury did not have to believe the defendant’s testimony. The Missouri Court of Appeals affirmed the conviction. 
(Overview summary) 
State of Missouri v. Warren Eric Carter 
Missouri Court of Appeals, Western District – WD87713

Criminal

AG aid to prosecuting attorneys included filing charges 
“[A] writ may be used when a trial court erroneously decides an important question of law, and no adequate remedy at law exists.” At the governor’s direction, the attorney general had to aid prosecuting attorneys with duties in circuit court. Those duties included commencing criminal actions. The governor directed the attorney general to aid the prosecutor in the action against the defendant, the attorney general filed a criminal complaint, and the defendant moved to dismiss the action. The circuit court granted the motion. Aiding prosecuting attorneys included commencing criminal actions, so the Missouri Court of Appeals issued a preliminary writ of prohibition against the circuit court and made the writ permanent. 
STATE ex rel. ATTORNEY GENERAL CATHERINE L. HANAWAY, Relator v. THE HONORABLE CHRISTINA L. KIME, ASSOCIATE CIRCUIT JUDGE, Respondent 
Missouri Court of Appeals, Southern District – SD39330

Witness didn’t receive offer, tampering conviction affirmed
The elements of tampering with a witness included offering to confer a benefit. Defendant believed that a witness owed defendant money and wrote an offer to forgive that debt if the witness withheld information. The witness disagreed that any debt was owed, and never learned of the offer, but the purpose of tampering with the witness was sufficient to support the finding of guilt. The Court of Appeals affirmed the conviction.
STATE OF MISSOURI, Plaintiff-Respondent v. RYAN L. STABENO, Defendant-Appellant
Missouri Court of Appeals, Southern District - SD

Mental health

Foreign verdict was a guilty verdict 
In an action to commit someone to the Missouri Department of Mental Health’s custody as a sexually violent predator, the State had to show that the person had been found guilty of a sexually violent offense. Charged with such an offense under Oregon law, the appellant had received a verdict of “guilty except for insanity.” That verdict differed from a guilty verdict only as to dispositions, offering the possibility of alternatives to prison, but did require a unanimous finding on all elements of the offense. The circuit court ordered the appellant confined as a sexually violent predator, and the Missouri Court of Appeals affirmed that judgment. 
IN THE MATTER OF THE CARE AND TREATMENT OF JASON OSBORN, A/K/A/ JASON D. OSBORN, A/K/A JASON DAVID OSBORN, Appellant v. STATE OF MISSOURI, Respondent 
Missouri Court of Appeals, Southern District – SD38870