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Court of Appeals, Eastern District

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Criminal Law: Guilty Plea – Factual Basis – Arson

Fee v. State (MLW No. 59033/Case No. ED91621 – 6 pages) (Missouri Court of Appeals, Eastern District, Dowd Jr., P.J.) Where a defendant sought post-conviction relief claiming his guilty plea to first-degree arson lacked a factual basis, the defendant’s action ...

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Contracts: TGA Credit Agreement – Breach – Damages

Stahlhuth, et al. v. SSM Healthcare of St. Louis (MLW No. 59037/Case No. ED91990 – 17 pages) (Missouri Court of Appeals, Eastern District, Hoff, J.) Where plaintiffs brought an action claiming defendants breached the parties’ Traffic Generation Assessment Credit agreement ...

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Contracts: Real Estate Sales – Fraudulent Misrepresentation – Agent Defendant

Dancin Development v. NRT Missouri, Inc. (MLW No. 59035/Case No. ED92128 – 9 pages) (Missouri Court of Appeals, Eastern District, Draper III, J.) (1)Where a real estate developer brought a claim of fraudulent misrepresentation against a real estate agent in ...

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Civil Practice: Default Judgment – Appeal – Subject Matter Jurisdiction

AMG Franchises, Inc. v. Crack Team USA, Inc. (MLW No. 59039/Case No. ED91631 – 10 pages) (Missouri Court of Appeals, Eastern District, Odenwald, P.J.) Where an appeal from a default judgment in a breach-of-contract case did not challenge the trial ...

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Appellate Practice: Notice Of Appeal – Timeliness

Hamm v. Crawford, et al. (MLW No. 59031/Case No. ED92440 – 2 pages) (Missouri Court of Appeals, Eastern District, Baker, J.) Where a pro se appellant filed his notice of appeal more than 10 days after the judgment became final, ...

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Criminal Law: Criminal Nonsupport – “Knowingly” – Evidence

State v. Orando (MLW No. 59007/Case No. ED91349 – 5 pages) (Missouri Court of Appeals, Eastern District, Crane, P.J.) Where a father testified that he did not pay child support because he believed he had an agreement with the mother ...

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Domestic Relations: Legal Separation – Forum Non Conveniens – Jurisdiction

Moyers v. Moyers (MLW No. 58953/Case No. ED91121 – 10 pages) (Missouri Court of Appeals, Eastern District, Mooney, J.) Where a wife living in Massachusetts moved to dismiss a petition for legal separation filed by her husband who was living ...

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Criminal Law: Voir Dire – Batson Challenge – Procedural Error

State v. Broom (MLW No. 58951/Case No. ED91239 – 9 pages) (Missouri Court of Appeals, Eastern District, Crane, P.J.) Even though a trial court erred in denying a defendant’s Batson challenge without requiring the state to present a race-neutral reason ...

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Criminal Law: Uncharged Crime – Statutory Rape – Victim Tampering

State v. Pullum (MLW No. 58948/Case No. ED91159 – 9 pages) (Missouri Court of Appeals, Eastern District, Crane, P.J.) (1)Where a victim of sexual abuse testified that defendant threatened to kill her if she told anyone about his actions, the ...

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Criminal Law: DWI – Sobriety Checkpoint – Sufficiency Of Evidence

State v. Edwards (MLW No. 58947/Case No. ED91346 – 10 pages) (Missouri Court of Appeals, Eastern District, Odenwald, P.J.) Where a defendant who was stopped at a sobriety checkpoint had a “moderate odor” of alcohol, slurred speech, watery eyes, failed ...

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