Legal Opinion

State v. Dowell

Missouri Court of Appeals

Decided March 23, 2010No. ED 92846PublishedCited by 10 opinions

1Opinion of the CourtSherri B. Sullivan, P.J.

Introduction

The State of Missouri (the State) appeals from the judgment of the trial court granting Michael Dowell’s (Respondent) motion to dismiss with prejudice the State’s charge against him of the aggravated forcible rape of Victim, Section 566.030, 1 based on collateral estoppel resulting from Respondent’s acquittal by jury of first-degree murder and its lesser-included offenses in a prior trial involving the same victim and the same underlying events. We affirm.

Factual and Procedural Background

On January 5, 1991, Victim attended a wedding reception in Old Monroe, Missouri. After leaving…

2Cases cited14 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Frank v. MangumSupreme Court of the United States · 1915
  3. Sealfon v. United StatesSupreme Court of the United States · 1948
  4. United States v. OppenheimerSupreme Court of the United States · 1916
  5. Coffey v. United StatesSupreme Court of the United States · 1886

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3Cited by10 opinions

  1. Williams v. Southern Union Co.Missouri Court of Appeals · 2011
  2. Johnson v. StateMissouri Court of Appeals · 2015
  3. City of Raymore v. O'MalleyMissouri Court of Appeals · 2017
  4. Kenneth E. Figgens, Sr. v. State of MissouriMissouri Court of Appeals · 2015
  5. Amy Johnson, Movant/Appellant v. State of MissouriMissouri Court of Appeals · 2015

5 more not listed; retrieve them via the Exa API.

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