{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"james-d-cummings","displayName":"James D. Cummings","totalCases":1},"cases":[{"caseId":"moappd:ed111089:2024-03-19","opinionId":"19eabac8-766b-5f59-be7d-e3cd013dd1a8","slug":"state-of-missouri-respondent-v-james-d-cummings-appellant-111089","caseName":"State of Missouri, Respondent, vs. James D. Cummings, Appellant.","caseNumber":"ED111089","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2024-03-19","year":2024,"display_summary":"James D. Cummings appealed his convictions for first-degree assault and armed criminal action, as well as his sentence. He argued the trial court erred by refusing to make findings of fact and law regarding his lawful possession of property during an eviction and by not submitting a relevant statute to the jury. The appellate court denied these points, finding the trial court properly refused to comment on evidence or instruct the jury outside of approved instructions, and that Cummings waived instructional error. However, the court granted Cummings's third point, reversing and remanding for resentencing due to a material discrepancy between the oral and written sentences.","primaryTopic":"criminal-procedure","topicSlugs":["criminal-procedure","jury-instructions","appellate-procedure","standard-of-review","evidence"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=206534","detailUrl":"https://ott.law/missouri-courts/opinions/state-of-missouri-respondent-v-james-d-cummings-appellant-111089","relatedPracticeAreas":[{"slug":"criminal-law","label":"Criminal Law","href":"/practice-areas/criminal-law","score":38,"source":"tag","evidence":["tag: criminal-law","topic: criminal-procedure","text: state of missouri","text: criminal","text: sentence"],"url":"https://ott.law/practice-areas/criminal-law"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","evidence":["topic: jury-instructions","topic: evidence","topic: appellate-procedure"],"url":"https://ott.law/practice-areas/litigation"}],"role":"appellant"}]}