Missouri Court of Appeals, Western District / May 22, 2018
State of Missouri vs. Shaytwin Lamor Smith
Shaytwin Smith appealed his conviction for misdemeanor resisting arrest, arguing the State failed to prove he used or threatened physical force prior to his arrest. The appellate court, relying on a recent Missouri Supreme Court decision, determined that Smith's arrest was completed when he was handcuffed and officers gained control of his movements. Because Smith's conduct prior to being handcuffed did not involve the use or threatened use of violence, physical force, or an attempt to flee, the court reversed his conviction.