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Court of Appeals, Southern District

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Public Utilities: Electric Rates – Public Counsel – Authority For Suit

Office of the Public Counsel v. Empire District Electric Company (MLW No. 60459/Case No. SD30123 – 5 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Where the Office of Public Counsel brought an action in circuit court alleging an ...

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Municipal Law: Ordinance Validity – Sewer Tap Fee – ‘Special Law’

City of Sullivan v. Sites (MLW No. 60461/Case No. SD29596 – 11 pages) (Missouri Court of Appeals, Southern District, Lynch, P.J.) Where a municipal ordinance authorizing the collection of a sewer tap fee split those who would connect to the ...

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Criminal Law: Post-Conviction Relief – Findings Of Fact

Bott v. State (MLW No. 60460/Case No. SD29918 – 6 pages) (Missouri Court of Appeals, Southern District, per curiam) Where a motion court failed to address any of the assertions in a criminal defendant’s motion for post-conviction relief and dismissed ...

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Criminal Law: Joinder – Severance – Instructions

State v. McDonald (MLW No. 60458/Case No. SD29579 – 14 pages) (Missouri Court of Appeals, Southern District, Bates, P.J.) Where a defendant was charged with two counts of stealing credit cards, tampering and auto theft as well as assault of ...

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Criminal Law: Sentencing – Chronic Offender – Remand Procedure

State v. Collins (MLW No. 60428/Case No. SD29516 – 9 pages) (Missouri Court of Appeals, Southern District, Lynch, P.J.) Where a defendant was sentenced as a chronic offender following a DWI conviction, the state did not present any evidence that ...

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Criminal Law: Disturbing The Peace – Other Crimes – Ex Parte Application

State v. Franklin (MLW No. 60427/Case No. SD29731 – 6 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Where a defendant convicted of disturbing the peace argued that the trial court abused its discretion in admitting evidence that the ...

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Appellate Practice: Legal File – Inadequate – Civil Case

Neisler v. Keirsbilck, et al. (MLW No. 60430/Case No. SD30036 – 8 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Where the legal file of an appellant in a civil case did not include any of the exhibits that ...

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Real Property: Condemnation – Instructions – Appraisal Methods

State ex rel. Missouri Highway and Transportation Commission v. Dale, et al. (MLW No. 60404 – 11 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Where the highway commission appealed a jury’s award to landowners for damages related to ...

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Insurance: Auto Dealer Policy – Ambiguity – Salvage Operation

Dahmer v. Hutchison (MLW No. 60391/Case No. SD29848 – 7 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Where plaintiffs obtained a judgment in a negligence action against an auto dealer after plaintiff’s leg was broken while attempting to ...

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