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Court of Appeals, Southern District

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Appellate Practice: Pro Se Appellants – Rule 84.04 – Deficient Brief

Thompson v. Flagstar Bank, et al. (MLW No. 59897/Case No. SD29866 – 8 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Where the brief of pro se appellants did not contain a table of cases, included an index rather ...

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Driver’s License: DWI – Breath Test Refusal – Mental Capacity

West v. Director of Revenue (Case No. SD29490 – 15 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Where an officer had reasonable grounds to believe that a driver was intoxicated and that he had been operating his vehicle ...

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Contracts: Real Estate – Preemptive Right – Rule Against Perpetuities

Hensley-O’Neal v. Metropolitan National Bank (MLW No. 59834/Case No. SD29506 – 8 pages) (Missouri Court of Appeals, Southern District, Bates, P.J.) Where plaintiff brought an action against a bank to enforce a preemptive right to purchase real estate, the agreement ...

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Real Property: Easement – Location – Logging Road

Howell v. Rickard (MLW No. 59811/Case No. SD29546 – 12 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Where in a dispute over use of an old logging road between neighboring landowners evidence showed that respondent was entitled to ...

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Driver’s License: Denial Of License – Child Support Arrearage – Out-Of-State Suspension

Schroeder v. Director of Revenue (MLW No. 59810/Case No. SD29568 – 9 pages) (Missouri Court of Appeals, Southern District, Bates, P.J.) Where the state denied a driver’s license to a driver who had his California driving privileges suspended, an out-of-state ...

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Criminal Law: Post-Conviction Relief – Effectiveness Of Counsel – Evidence

Toten v. State (MLW No. 59809/Case No. SD29598 – 8 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Where a defendant alleged ineffective assistance of counsel but failed to present evidence at his hearing in support of his post-conviction ...

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