Ann K. Covington

This case involves Andrew Lyons's appeal from the denial of his Rule 29.15 motion for post-conviction relief after his convictions for two counts of first-degree murder and one count of involuntary manslaughter, for which he received a death sentence and prison terms. The Missouri Supreme Court had previously affirmed the convictions on direct appeal, and the motion court denied relief following an evidentiary hearing on claims of ineffective assistance of counsel. On appeal, Lyons raised multiple points alleging counsel's failures regarding jury selection, proportionality review challenges, and other issues, but the court found the motion court's determinations were not clearly erroneous. The court upheld its established method of proportionality review under section 565.035.3(3) as constitutional and consistent with due process precedents, concluding that trial counsel were not ineffective for not pursuing additional studies or arguments on that issue.

criminal lawprocedurecivil rights

The case involved Cecil Barriner, convicted in Missouri state court of two counts of first-degree murder and sentenced to death for the 1996 killings of Irene Sisk and her granddaughter Candy Sisk during a robbery at their home. The Supreme Court of Missouri reversed the convictions and death sentences and remanded for further proceedings. The court held that evidence of the defendant's consensual sexual activities and possession of sexual devices was improperly admitted as character evidence in both the guilt and penalty phases because it lacked legal relevance to the charged offenses or aggravating circumstances and was unduly prejudicial. The opinion analyzed the facts showing the defendant's planning, the crime scene details including binding and sexual assault of one victim, and the improper evidentiary rulings that required reversal despite other evidence of guilt.

criminal lawprocedure

In State v. Smith, John Clayton Smith was convicted of two counts of first-degree murder and two counts of armed criminal action after stabbing to death his former girlfriend Brandie Kearnes and her stepfather Wayne Hoewing following the end of his relationship with Kearnes. The Missouri Supreme Court affirmed the convictions and death sentences on appeal. The court reviewed the trial evidence, including the sequence of events on the night of the crimes, forensic findings, and the defendant's post-crime actions, and concluded there was no reversible error warranting reversal. A separate opinion dissented on grounds that the prosecutor should have been disqualified due to prior representation of the defendant.

criminal lawprocedure

This case involved wrongful death claims by the families of two Army Reserve helicopter crew members killed when their aircraft struck unmarked power lines spanning the Osage River. The plaintiffs alleged negligence by the electric cooperative in failing to mark or warn about the lines, which blended with the background; a jury found the cooperative negligent, awarded compensatory and punitive damages, and allocated comparative fault between the cooperative and the decedents. The Missouri Supreme Court reversed the judgment and remanded for a new trial. The core reasoning was that the trial court committed prejudicial error by instructing the jury that the pilot owed the highest degree of care rather than ordinary care, and that negligence of the pilot could not be imputed to the flight engineer.

torts & liability

In Morrow v. State, Andre Morrow, who had been convicted of first-degree murder and other felonies and sentenced to death, appealed the denial of his Rule 29.15 post-conviction motion without an evidentiary hearing. He claimed ineffective assistance of trial counsel for failing to investigate and present mitigating evidence regarding his background, childhood trauma, and neighborhood violence, as well as other claims involving counsel conflicts and proportionality review. The Missouri Supreme Court affirmed the denial, holding that the motion failed to allege specific facts showing that witnesses were available and would have testified or that counsel's performance was deficient under Strickland standards, and that other claims were either unpreserved, refuted by the record, or without merit under established precedent. The court emphasized that bare conclusions and lack of factual support do not entitle a movant to a hearing under Rule 29.15.

criminal lawprocedure

The case concerns the apportionment of a $965,000 settlement from a wrongful death lawsuit filed after James G. Parr, Jr. was killed in a motorcycle accident caused by a truck driver. The decedent's parents appealed the trial court's distribution, contending that the wife's share was excessive while their own shares were inadequate and that the court improperly factored in the work of the wife's attorneys. The Missouri Supreme Court affirmed the trial court's judgment as modified, which directed payment of specified attorney's fees and expenses, then allocated $10,000 each to the two adult children, $7,500 to the mother, $10,000 to the father, and the remainder to the wife.

torts & liability