Ott Law Firm

Missouri Case-Law Topic

Appellate Procedure Missouri Cases

Browse Missouri appellate opinions tagged appellate procedure. This topic page connects case-law research to related Ott Law Firm practice pages when the topic maps to practical legal help.

Topic Slug
appellate-procedure
Cases
3,586
Years
2014 - 2026

Related Legal Help

Practice pages related to appellate procedure

This archive page is for research. These practice pages translate related issues into claims, evidence, deadlines, and next steps.

Archive note: 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 Missouri slip opinions may be modified or withdrawn; consult the official source. This archive contains Missouri appellate slip opinions reproduced for research convenience, not the final official reporter version. Official source links remain authoritative where provided. Joseph Ott, Attorney 67889, Ott Law Firm - Constant Victory - Personal Injury and Litigation maintains these public legal archives to support Missouri case research and to help prospective clients connect that research to the firm's courtroom practice.

Recent Appellate Procedure Opinions

Showing up to 30 recent opinion records for this topic.

Browse all topic cases

Missouri Court of Appeals, Southern District / Mar 12, 2026

PAUL METZGER, and JACQUELINE METZGER, Respondents v. WAYNE MORELOCK, and KATHY MORELOCK, Appellants

Paul and Jacqueline Metzger obtained summary judgment for a prescriptive easement over a portion of a paved driveway located between their home and their neighbors, Wayne and Kathy Morelock. The Morelocks appealed, challenging the summary judgment on two points: that the elements for a prescriptive easement were not met, and that the trial court erred in considering an affidavit. The appellate court affirmed the judgment, finding that the undisputed facts established the prescriptive easement and that the affidavit was properly considered.

Missouri Court of Appeals, Eastern District / Mar 10, 2026

State of Missouri, Respondent, v. James McGregory, Appellant.

James McGregory appealed his convictions for domestic assault and property damage, raising two unpreserved claims of error concerning the admission of prior threats and the amount of the Crime Victims' Compensation Fund (CVC) judgment. The appellate court declined plain error review for the evidence admissibility claim, finding no manifest injustice. However, it granted plain error review for the CVC judgment, concluding the trial court erred by imposing a $46 judgment for a Class E felony, which was not authorized by the applicable statute at the time of the offense. The court modified the CVC judgment to $10 and affirmed the judgment as modified.

Missouri Court of Appeals, Western District / Mar 10, 2026

L.J.F. vs. J.F.G.

Father appealed a circuit court judgment renewing a full order of protection against him for Mother, effective for his lifetime. Father contended the evidence was insufficient to justify renewal and that the judgment lacked sufficient findings for a lifetime order. The appellate court affirmed, finding sufficient evidence of stalking to warrant renewal and concluding that Father failed to preserve his claim regarding the sufficiency of findings for appellate review.

Missouri Court of Appeals, Western District / Mar 3, 2026

Kevin Rosenbohm, Trustee of the Kevin and Michele Rosenbohm Family Trust Dated July 1, 2011 and Matt Rosenbohm and Nick Rosenbohm vs. Gregory Stiens, and Gregory Stiens, Trustee of the Anthony Stiens Trust

Gregory Stiens, individually and as trustee, appealed the circuit court's judgment in favor of the Rosenbohms on their adverse possession and trespass claims, and against Stiens's counterclaims. Stiens challenged evidentiary rulings, jury instructions, and the property description in the judgment. The appellate court affirmed the judgment on all points of error raised by Stiens regarding the trial proceedings and outcomes. However, the court remanded the case for the circuit court to amend the judgment to include proper legal descriptions of the disputed property awarded to the Rosenbohms.

Missouri Court of Appeals, Western District / Feb 24, 2026

In re the Marriage of: Stacey L. Noble vs. Bradford R. Noble

Stacey L. Noble appealed the trial court's amended judgment dissolving her marriage to Bradford R. Noble, challenging the denial of maintenance and an alleged judicial impropriety. The appellate court affirmed the judgment. It found no judicial impropriety in the trial court's use of an online calculator for judicially noticeable tax rates. The court also affirmed the denial of maintenance, concluding that Husband lacked the ability to pay regardless of the income calculation method, and that maintenance is not mandatory if the paying spouse cannot afford it.

Supreme Court of Missouri / Feb 24, 2026

In re the matter of: A.L.P. and S.H.P., minors; Alicia Smith, Respondent, vs. Lora Martinez, Appellant.

Alicia Smith sought third-party visitation rights for minor children A.L.P. and S.H.P. after Lora Martinez, the children's adoptive parent, was granted parental rights in a separate adoption proceeding. The circuit court granted Smith visitation, and Martinez appealed. The Supreme Court reversed, holding that section 452.375.5(5)(a) does not create an independent cause of action for third-party custody or visitation when custody is not already at issue in an underlying proceeding, such as a divorce or paternity action. Consequently, Smith's claim for visitation and her subsequent family access motion failed.

Missouri Court of Appeals, Eastern District / Feb 24, 2026

Kathryn Torre-Stewart, Appellant/Plaintiff, v. The Washington University-St. Louis, Respondent/Defendant.

Kathryn Torre-Stewart appealed the dismissal of her claims against Washington University for disability discrimination, hostile work environment, and retaliation under the Missouri Human Rights Act. The appellate court affirmed the dismissal of the disability discrimination and hostile work environment claims, finding Torre-Stewart failed to plead facts demonstrating a legal disability or sufficient harassment. However, the court reversed the dismissal of the retaliation claim, concluding that Torre-Stewart adequately pleaded facts to establish its elements, and remanded the case for further proceedings.

Missouri Court of Appeals, Eastern District / Feb 17, 2026

State of Missouri, Respondent, v. Elizabeth M. Speer, Appellant.

Elizabeth M. Speer appealed her convictions for second-degree property damage and fourth-degree assault, arguing the trial court failed to conduct an adequate Faretta hearing and did not obtain a written waiver of counsel. The State conceded error on both points. The appellate court reversed Speer's convictions and sentences, remanding the case for a new trial, holding that the trial court failed to ensure a knowing and intelligent waiver of counsel as required by the Sixth Amendment and Section 600.051.

Missouri Court of Appeals, Eastern District / Feb 17, 2026

State of Missouri, Respondent, vs. Gerald R. Nytes, Appellant.

Gerald Nytes appealed his conviction after a bench trial for violating a full order of protection. He argued the State's evidence was insufficient to prove he had legal or actual notice of the order. The appellate court affirmed the conviction, holding that evidence of Nytes's presence at the order of protection hearing and his prior guilty pleas for violating the same order were sufficient to establish actual notice.

Missouri Court of Appeals, Eastern District / Feb 10, 2026

M.D.M, Appellant, v. A.W.S., Respondent.

Appellant M.D.M. (Father) appealed the circuit court's child custody and support judgment, raising six points of error concerning the Form 14 income calculation, Line 11 credit, allocation of guardian ad litem and attorney's fees, and the abatement of child support. The appellate court affirmed the judgment, noting that Father's failure to preserve issues for appeal subjected all points to plain error review. The court found no manifest injustice or miscarriage of justice in the circuit court's rulings, including its denial of a Line 11 credit due to Father's non-exercise of visitation and its fee awards.

Missouri Court of Appeals, Eastern District / Feb 10, 2026

Daniel T. Williams, Appellant, v. State of Missouri, Respondent.

Daniel Williams appealed the denial of his Rule 29.15 motion for post-conviction relief, arguing that his trial counsel was ineffective for failing to investigate his mental state. Williams contended that such an investigation could have revealed mental health issues relevant to a diminished capacity defense. The appellate court affirmed the motion court's judgment, finding that Williams failed to demonstrate how additional information about his mental state would have aided his defense or satisfied the prejudice prong of the Strickland test.

Missouri Court of Appeals, Eastern District / Feb 10, 2026

Derrie S. Williams, Appellant, v. State of Missouri, Respondent.

Appellant Derrie Williams appealed the motion court's denial of his Rule 29.15 motion for post-conviction relief after an evidentiary hearing. Williams argued that his trial counsel was ineffective for failing to allow him to testify and for failing to investigate and call two witnesses. The appellate court affirmed the motion court's judgment, finding that its findings of fact and conclusions of law were not clearly erroneous regarding both claims of ineffective assistance of counsel.

Missouri Court of Appeals, Southern District / Feb 3, 2026

CARL CAMERON FERGUSON, Appellant v. STATE OF MISSOURI, Respondent

Carl Cameron Ferguson appealed the denial of his Rule 29.15 motion for post-conviction relief, which alleged ineffective assistance of trial counsel for failing to call a specific witness. The motion court denied relief, finding Ferguson's pro se motion facially deficient and, alternatively, that the decision not to call the witness was reasonable trial strategy. The appellate court affirmed the motion court's judgment, agreeing that the pro se motion was deficient and that the trial counsel's decision was a matter of reasonable trial strategy.

Missouri Court of Appeals, Eastern District / Feb 3, 2026

Arthur F. Daume, Jr., and Gayle C. Daume, Appellants, v. Thomas Szepanksi, et al., Respondents.

Arthur and Gayle Daume appealed the trial court's interpretation of a deeded easement for ingress and egress over their neighbors' private roadway. The trial court had construed the easement's "non-commercial purposes" limitation to prohibit agricultural use and restricted its scope to the Daumes and their immediate family. The appellate court reversed the trial court's judgment, holding that "non-commercial" does not categorically prohibit agricultural use unless for profit, and that the appurtenant easement allows the Daumes to authorize third parties for non-commercial ingress and egress.

Missouri Court of Appeals, Western District / Jan 29, 2026

Emily Omohundro vs. Denny Hoskins, Missouri Secretary of State, et al.

Emily Omohundro appealed the trial court's approval of a summary statement for an initiative petition seeking to prevent public funds from benefiting nonpublic schools. The appellate court found the summary statement insufficient and unfair because it misleadingly suggested the elimination of aid for disabled students, failed to account for both direct and indirect aid, and incorrectly stated the initiative would "eliminate existing programs." The court reversed the trial court's judgment and certified an alternative summary statement to the Secretary of State.

Supreme Court of Missouri / Jan 23, 2026

Sean Soendker Nicholson, Appellant/Cross-Respondent, vs. State of Missouri, et al., Respondents/Cross-Appellants.

Sean Soendker Nicholson sued the State of Missouri, challenging the constitutionality of Senate Bill No. 22, alleging violations of the original purpose, single subject, and clear title provisions of the Missouri Constitution. The circuit court found SB 22 constitutional regarding these procedural limitations but unconstitutional on equal protection grounds for one section, which it severed. On appeal, the Missouri Supreme Court reversed, holding that SB 22 violated the original purpose requirement because an amendment granting the attorney general new appeal powers was not germane to the bill's original purpose concerning ballot summaries. The Court further found the offending provision could not be severed, thus invalidating SB 22 in its entirety.

Missouri Court of Appeals, Eastern District / Jan 13, 2026

Harry Little, Appellant, vs. State of Missouri, Respondent.

Harry Little appealed the denial of his Rule 29.15 motion for post-conviction relief from convictions for murder, armed criminal action, and unlawful possession of a firearm. He claimed ineffective assistance of trial counsel for failing to call an alibi witness and failing to argue a specific alternate perpetrator. The motion court denied relief, finding counsel's decisions were reasonable trial strategy. The appellate court affirmed, agreeing that the alibi witness's testimony was not viable and that presenting a general alternate perpetrator theory was a reasonable strategic choice.

Missouri Court of Appeals, Eastern District / Jan 13, 2026

State of Missouri, Respondent, v. Jeffrey Lematty, Appellant.

Jeffrey Lematty appealed his convictions for first-degree rape and second-degree burglary, alleging instructional errors, improper admission and exclusion of evidence, and insufficient evidence for burglary. The appellate court reversed Lematty's second-degree burglary conviction, finding plain error in the verdict directing instruction that misstated the law by potentially excusing the State from proving the unlawful entry element. The court affirmed the first-degree rape conviction and all other challenged aspects of the trial court's judgment.

Missouri Court of Appeals, Eastern District / Jan 13, 2026

Celestina Gamez, Respondent, v. EasyEx MO OFallon, LLC, Appellant.

EasyEx MO Ofallon, LLC appealed the circuit court's judgment denying its motion to set aside a default judgment entered against it in a suit brought by its former employee, Celestina Gamez, for violations of the Missouri Human Rights Act and Workers' Compensation Law. The appellate court affirmed the circuit court's decision, holding that EasyEx failed to file its motion to set aside the default judgment within the one-year time limit prescribed by Rule 74.05(d). The court also granted Gamez's motion for attorney's fees on appeal as a prevailing party under the MHRA and remanded the case for a determination of reasonable fees.

Supreme Court of Missouri / Jan 13, 2026

State ex rel. Catherine Hanaway, Relator, vs. The Honorable Craig Hellmann, Respondent.

The State of Missouri sought a writ of prohibition after the circuit court dismissed a felony DWI charge against Richard James Johnson, who was charged as a persistent offender. The circuit court found the persistent offender statute, section 577.023.2, facially unconstitutional for violating Fifth and Sixth Amendment rights by requiring a judge, not a jury, to find predicate facts for sentencing enhancement. The Supreme Court of Missouri made its preliminary writ of prohibition permanent, holding that the statute is not facially unconstitutional because existing procedural rules, such as Rule 27.02(s) and MAI-CR 4th 405.01, provide a mechanism for a jury to make the necessary findings. Therefore, the circuit court lacked authority to dismiss the charge.

Supreme Court of Missouri / Jan 13, 2026

Craig M. Wood, Appellant, vs. State of Missouri, Respondent.

Craig M. Wood appealed the denial of his Rule 29.15 motion for postconviction relief from his first-degree murder conviction and death sentence for the abduction and murder of Hailey Owens. Wood raised numerous claims of ineffective assistance of trial counsel, prosecutorial misconduct, and judicial bias. The Supreme Court of Missouri affirmed the motion court's judgment, finding its findings and conclusions were not clearly erroneous and that Wood failed to demonstrate ineffective assistance or prejudice.

Missouri Court of Appeals, Eastern District / Jan 6, 2026

State of Missouri, Respondent, vs. Dustin Robinson, Appellant.

Dustin Robinson appealed his conviction for felony resisting arrest, arguing that resisting arrest on an outstanding felony warrant should be classified as a misdemeanor, not a felony, under section 575.150.5(1) RSMo. Robinson contended that only warrantless arrests for a felony, or arrests on warrants for failure to appear or probation violations in felony cases, could support a felony resisting arrest charge. The appellate court affirmed the conviction, holding that an arrest made pursuant to a warrant for a felony offense is still considered an arrest "for a felony" under the statute, regardless of whether the arrest was made with or without a warrant.

Missouri Court of Appeals, Eastern District / Dec 30, 2025

State of Missouri, Respondent, vs. Jayelyn Z. Rivers, Appellant.

Jayelyn Rivers appealed his convictions for unlawful possession of a firearm by a felon and resisting arrest, arguing that the State's evidence was insufficient to support the unlawful possession conviction. The appellate court affirmed the judgment, finding that the State presented sufficient evidence to infer Rivers had actual, knowing possession of the firearm. This evidence included the gun's location under his seat, his superior access, its visibility, and his flight from law enforcement.

Missouri Court of Appeals, Western District / Dec 30, 2025

In the Interest of: B.W.R., Juvenile P.W.R., Jr. vs. Juvenile Officer

P.W.R., Jr. (Father) appealed the termination of his parental rights to B.W.R. (Son), arguing the trial court failed to make required statutory findings. The appellate court affirmed the judgment. It held that Father's claim of error, which pertained to the form or language of the judgment, was not preserved for appellate review because he failed to file a motion to amend the judgment as mandated by Rule 78.07(c).

Supreme Court of Missouri / Dec 29, 2025

In re: The Honorable Matthew E.P. Thornhill, Respondent.

The Commission on Retirement, Removal and Discipline filed findings and recommendations against Judge Matthew E.P. Thornhill for judicial misconduct, including inappropriate courtroom behavior, political activity from the bench, and an improper character reference. Judge Thornhill waived his right to a hearing and admitted the charges. The Commission recommended a six-month suspension followed by an 18-month return to service and then resignation. The Missouri Supreme Court rejected this recommendation, finding that Judge Thornhill's political activity in the courtroom alone warranted his immediate removal from office.

Supreme Court of Missouri / Dec 29, 2025

State of Missouri, Respondent, vs. Isis S. Jones, Appellant.

Isis S. Jones was convicted of unlawful use of a weapon after a jury trial. On appeal, Jones argued the circuit court plainly erred by accepting a jury verdict based on an instruction that varied from the charged offense, leading to an improper sentence. The Missouri Supreme Court affirmed the judgment, declining plain error review because Jones failed to establish that the alleged error was "facially evident, obvious, and clear," as shooting "into" a vehicle necessarily subsumes shooting "at" it.

Supreme Court of Missouri / Dec 29, 2025

State of Missouri, Respondent, vs. Richard Neil Burkett, Appellant.

Richard Neil Burkett was convicted of first-degree assault after a jury trial. On appeal, Burkett contended the circuit court erred by not submitting a self-defense instruction and by not giving a curative instruction regarding the State's closing argument. The Missouri Supreme Court affirmed the judgment, declining to review Burkett's unpreserved claims for plain error because he caused or contributed to the alleged errors and his claims were ill-suited for plain error review.

Missouri Court of Appeals, Eastern District / Dec 23, 2025

Karla K. Allsberry, Appellant, vs. Patrick S. Flynn, et al., Respondents.

Karla Allsberry, a former circuit clerk, sued Judge Patrick Flynn and his secretary Kathy Hall for defamation and intentional infliction of emotional distress, and the Circuit Court of Lincoln County (CCLC) for sex discrimination and retaliation under the MHRA. The trial court granted summary judgment on defamation, directed verdicts on the MHRA claims, and a jury verdict for Flynn on IIED. The appellate court affirmed all judgments, finding no evidence of actual malice for defamation, that the State of Missouri (not CCLC) was Allsberry's employer for MHRA purposes, and that the jury instruction on IIED's "sole purpose" element was a correct statement of law. It also found Allsberry's claims of trial error regarding attorney misconduct were not preserved.

Missouri Court of Appeals, Eastern District / Dec 23, 2025

Demetrius L. Davis, Appellant, vs. State of Missouri, Respondent.

Demetrius L. Davis appealed the motion court's denial of his amended Rule 29.15 motion for post-conviction relief. The State argued the motion court erred in reviewing Davis's untimely amended motion after finding he was abandoned by unappointed post-conviction counsel. The appellate court agreed, holding that the abandonment doctrine applies only to appointed counsel, not counsel who voluntarily entered an appearance. Therefore, the motion court lacked authority to review the untimely amended motion and should have only reviewed the timely filed pro se motion. The appeal was dismissed for lack of a final judgment, and the case was remanded for adjudication of the pro se claims.

Missouri Court of Appeals, Eastern District / Dec 23, 2025

Missouri Medical Options, LLC, Appellant, vs. Missouri Department of Health and Senior Services, Respondent.

Missouri Medical Options, LLC (MMO) appealed the circuit court's dismissal of its petition for declaratory judgment against the Missouri Department of Health and Senior Services (DHSS). MMO sought to invalidate rescinded medical marijuana cultivation regulations and compel license issuance. The circuit court dismissed the petition as moot, finding no existing controversy. The appellate court affirmed, holding that a challenge to regulations already rescinded is moot, as a judgment would have no practical effect and effectual relief is impossible.