Attorney Thomas D. Carver's Legal Cases

Criminal defense

State v. Langston, 229 SW3d 289 (Mo. App. S.D. 2007)

Jul 26, 2007

OUTCOME: Judgment is reversed and the cause is remanded for a new trial

Defendant was convicted of committing the class C felony of stealing in violation of § 570.030 RSMo (2000). Her conviction was based upon a verdict-directing instruction which hypothesized that she cou ... ld be convicted of felony stealing if "the property so taken had a value of at least Five Hundred Dollars. . . ." One of the points she advances on appeal is that the submission of this instruction was plain error because it improperly allowed jurors to convict Defendant of felony stealing without finding that she had appropriated property worth at least $750, as required by the substantive law in effect at the time of the alleged offense. This Court agrees. Accordingly, the judgment is reversed and the cause is remanded for a new trial.

Appeals

United States v. Plummer, 409 F.3d 906 (2005)

Jul 21, 2005

OUTCOME: District court's decision affirmed

Defendant entered a conditional plea of guilty to one count of possessing a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c). He entered the conditional gu ... ilty plea after the district court denied his motion to suppress evidence and statements obtained as a result of a warrantless search of his car.1 On appeal, Defendant argues that the district court erred in denying his motion to suppress.

Appeals

State v. Brown, 140 SW3d 51 (Mo.Sup. Ct. 2004)

Aug 03, 2004

OUTCOME: The judgment is reversed

The State of Missouri appeals the judgment of the circuit court, dismissing an information charging Defendant with the crime of "failure to report child abuse" under sections 210.115 and 210.165, RSMo ... 2000, on the ground that the statutes are unconstitutionally vague. Because there is a challenge to the validity of those statutes, this Court has jurisdiction. MO. CONST. art. V. sec. 3. The judgment is reversed.

Appeals

State v. Rodriguez, 985 SW2d 863 (Mo.App.W.D. 1998)

Dec 15, 1998

OUTCOME: The judgment of conviction is reversed

Defendant was found guilty by a jury of possession of a controlled substance with the intent to distribute, § 195.211, RSMo 1994, and was sentenced as a prior and persistent offender to fifteen years' ... imprisonment. Defendant's appeal concerns the trial court's failure to grant a mistrial. Defendant sought a mistrial based on the state's failure to disclose to the defendant prior to trial that a key defense witness had told prosecutors of his intent to recant his earlier deposition testimony.

Appeals

United States v. Simmons, 964 F.2d 763 (1992)

May 15, 1992

OUTCOME: We affirm the convictions but remand to the district court to resentence Defendant B

Appellants raise numerous issues on appeal, including: (1) Jencks Act violations; (2) improper governmental use of a confidential informant; (3) failure to suppress unlawfully seized evidence; (4) insu ... fficiency of the evidence of conspiracy; (5) erroneous application of the Sentencing Guidelines; (6) failure to order disclosure of a confidential probation report; and (7) the 100:1 ratio in the Sentencing Guidelines for the cocaine base discriminates against African-Americans in violation of the due process clause, the equal protection clause and the eighth amendment.

Thomas D. Carver's Legal Cases (5)

State v. Langston, 229 SW3d 289 (Mo. App. S.D. 2007)

United States v. Plummer, 409 F.3d 906 (2005)

State v. Brown, 140 SW3d 51 (Mo.Sup. Ct. 2004)

State v. Rodriguez, 985 SW2d 863 (Mo.App.W.D. 1998)

United States v. Simmons, 964 F.2d 763 (1992)