MISSOURI LAWYERS WEEKLY
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Criminal Law: Second-Degree Murder – Post-Conviction Relief – New Evidence (access required)

Ferguson v. State (MLW No. 61192/Case No. WD71264 – 30 pages) (Missouri Court of Appeals, Western District, Witt, J.)

Criminal Law: Probation Revocation – Maximum Term – Jurisdiction (access required)

Starry v. State (MLW No. 61189/Case No. WD71557 – 8 pages) (Missouri Court of Appeals, Western District, Witt, J.)

Hog farms get more time for clean up (access required)

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In this Aug. 26, 2009 photograph, no trespassing signs at the entrance to a Premium Standard hog operation near Berlin, Mo., are shown. Missouri pork giant Premium Standard Farms has been given a two-year extension to install technology at its hog confinements to reduce odors after it failed to meet a July 31 deadline established by a Jackson County court six years ago.

Unemployment Compensation: Notice Of Appeal – Timeliness (access required)

Williams v. United Healthcare Services, Inc. (MLW No. 61160/Case No. ED95017 – 2 pages) (Missouri Court of Appeals, Eastern District, Richter, C.J.)

Medicaid: Benefits – Eligibility – Farmland (access required)

Vaughn v. Department of Social Services (MLW No. 61163/Case No. ED94196 – 8 pages) (Missouri Court of Appeals, Eastern District, Baker, J.)

Juvenile: Delinquency Offense – Right To Counsel – Waiver (access required)

In the Interest of: M.M. (MLW No. 61167/Case No. ED93857 – 11 pages) (Missouri Court of Appeals, Eastern District, Hoff, J.)

Driver’s License: Test Refusal – Blood Sample – Search Warrant (access required)

Bender v. Director (MLW No. 61171/Case No. ED93522 – 5 pages) (Missouri Court of Appeals, Eastern District, Ahrens, J.)

Driver’s License: Suspension – Financial Responsibility – Hearing (access required)

Linhardt v. Director (MLW No. 61164/Case No. ED94178 – 4 pages) (Missouri Court of Appeals, Eastern District, Baker, J.)

Criminal Law: Post-Conviction Relief – Guilty Plea – Drug Intoxication (access required)

Carter v. State (MLW No. 61172/Case No. ED93478 – 10 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., P.J.)

Criminal Law: Jury Selection – Opt-Out Practice – Community Service (access required)

Preston v. State (MLW No. 61170/Case No. ED93727 – 10 pages) (Missouri Court of Appeals, Eastern District, Odenwald, P.J.)

Criminal Law: Domestic Assault – Prior Acts Evidence – Intent (access required)

State v. Walker (MLW No. 61175/Case No. ED93101 – 7 pages) (Missouri Court of Appeals, Eastern District, Draper III, J.)

Criminal Law: Domestic Assault – Order Of Protection – Notice (access required)

State v. Burton (MLW No. 61173/Case No. ED93331 – 10 pages) (Missouri Court of Appeals, Eastern District, Ahrens, J.)

Contracts: Real Estate – Ambiguity (access required)

McClain v. Hartley (MLW No. 61174/Case No. ED93184 – 5 pages) (Missouri Court of Appeals, Eastern District, Richter, C.J.)

Contracts: Breach Of Contract – Mechanic’s Lien – Notice (access required)

Ambassador Floor Company v. Bruner Buildings LLC, et al. (MLW No. 61168/Case No. ED93835 – 7 pages) (Missouri Court of Appeals, Eastern District, Baker, J.)

Appellate Practice: Inadequate Brief – Rule 84.04 (access required)

Metropolitan St. Louis Sewer District v. Tomax Development Corporation (MLW No. 61166/Case No. ED93955 – 4 pages) (Missouri Court of Appeals, Eastern District, Baker, J.)

Taxation: Use Tax Exemption – Kitchen Equipment – ‘Plants’ (access required)

Brinker Missouri, Inc. v. Director of Revenue (MLW No. 61198/Case No. SC90463 – 17 pages) (Supreme Court of Missouri, Stith, J.; Teitelman, Russell, Wolff, Breckenridge and Fischer, JJ., concur; Price, C.J., dissents in separate opinion filed)

Negligence: Ex Parte Communications – Court Order – HIPAA Preemption (access required)

State ex rel. Bobbie Jean Proctor and Vincent Proctor v. Messina (MLW No. 61195/Case No. SC90610 – 24 pages) (Supreme Court of Missouri, Fischer, J.; all concur)

Civil Practice: Foreign Judgment – Personal Jurisdiction – Burden Of Proof (access required)

Peoples Bank v. Frazee (MLW No. 61197/Case No. SC90536 – 18 pages) (Supreme Court of Missouri, Breckenridge, J.; all concur)

Commercial: Warranty Rights – Assignment – Transfer Of Equipment (access required)

Renaissance Leasing, LLC, et al. v. Vermeer Manufacturing Company (MLW No. 61199/Case No. SC90258 – 39 pages) (Supreme Court of Missouri, Price Jr., C.J.; all concur)

Attorneys: Disciplinary Proceeding – Misappropriation Of Funds – Repeated Violations (access required)

In re: Renae Ehler (MLW No. 61193/Case No. SC90652 – 19 pages) (Supreme Court of Missouri, Breckenridge, J.; all concur)

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  • In This Week's Issue of Missouri Lawyers Weekly


    TANEY COUNTY PROSECUTORS: Eliminate the public defender system

    Two prosecutors from Taney County say that the state should consider getting rid of the public defender system. Tell us what you think. E-mail Editor Rick Jackoway with your comments.


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