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Court of Appeals, Southern District

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Criminal Law: Methamphetamine – Evidence – Relevance

State v. Colvin (MLW No.60682/Case No. SD29826 – 10 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Where an officer testified that a defendant had sores on her face that were consistent with methamphetamine use, the trial court did ...

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Criminal Law: Information Variance – Manifest Injustice

State v. Barnes (MLW No. 60681/Case No. SD29904 – 3 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Where a defendant was convicted on a count of endangering an officer by spitting on him, and the defendant was able ...

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Contracts: Real Estate Commission – Subagency – Lien

Deer Run Properties v. Keys to the Lake Lodgings (MLW No. 60684/Case No. SD29950 – 8 pages) (Missouri Court of Appeals, Southern District, Scott, C.J.) Where a plaintiff who claimed to be the subagent of a broker sought a real ...

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Appellate Practice: Pending Issues – Advisory Opinion – Insurance Case

Adams, et al. v. King (MLW No. 60683/Case No. SD30106 – 8 pages) (Missouri Court of Appeals, Southern District, McGhee, Sr. J.) Where several issues on appeal in an insurance and breach-of-contract case remained pending, the court will not issue ...

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Criminal Law: Traffic Stop – Illegal Seizure – Outstanding Warrant

State v. Grayson (MLW No. 60654/Case No. SD29592 – 10 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Even though an officer’s investigatory stop was illegal because he had intended to stop a different person based on an informant’s ...

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Criminal Law: Robbery – Proof Of Force

State v. Henderson (MLW No. 60650/Case No. SD29944 – 6 pages) (Missouri Court of Appeals, Southern District, Scott, C.J.) Where a defendant grabbed cash from a clerk’s drawer at a convenience store but did not threaten or struggle with the ...

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Criminal Law: Right To Counsel – Competency – Evidence Of Age

State v. Osborn (MLW No. 60649/Case No. SD29677 – 19 pages) (Missouri Court of Appeals, Southern District, Lynch, P.J.) (1)Where a trial court found that a defendant in a child endangerment and second-degree murder case was mentally competent to stand ...

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Criminal Law: Post-Conviction Relief – DNA Testing – Kidnapping Case

State v. Belcher (MLW No. 60651/Case No. SD29698 – 9 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Where a defendant convicted of the kidnapping and first-degree assault of a young girl in 1987 sought post-conviction DNA testing, the ...

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Civil Practice: Summary Judgment – Evidentiary Facts – Church Dispute

Missouri District Church of the Nazarene v. First Church of the Nazarene of Caruthersville, et al. (MLW No. 60652/Case No. SD29813/29817 – 7 pages) (Missouri Court of Appeals, Southern District, Scott, C.J.) Where two churches were involved in a dispute ...

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Appellate Practice: Notice Of Appeal – Timeliness – Probate Case

In the Estate of Stanley Straszynski v. Clark (MLW No. 60653/Case No. SD29903 – 5 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Where an attorney for an estate’s personal representative appealed the probate division’s denial of her request ...

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Negligence: Legal Malpractice – Prejudgment Interest – Statute Of Limitations

English v. Hershewe (MLW No. 60618/Case No. SD30075 – 16 pages) (Missouri Court of Appeals, Southern District, Bates, P.J.) (1)Where a plaintiff brought a legal malpractice action against his attorney for failing to send a prejudgment interest offer by certified ...

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