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Court of Appeals, Southern District

Driver’s License: DWI – Observation Period – Chewing Tobacco

Hurt v. Director (MLW No. 59093/Case No. SD28988 – 12 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Where a driver chewed tobacco throughout the 15-minute observation period before he took a breathalyzer test after being stopped for drunk ...

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Criminal Law: Publicity – Venue – Statutory Sodomy

State v. Bunch (MLW No. 59092/Case No. SD29049 – 10 pages) (Missouri Court of Appeals, Southern District, Scott, P.J.) (1)Where a defendant in a statutory sodomy case sought a continuance or change of venue because he claimed a child’s rape ...

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Driver’s License: DWI – Blood Test Refusal – Reasonable Grounds

Hager v. Director (MLW No. 59058/Case No. SD29073 – 11 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Even though an officer did not observe a driver operating his vehicle but found and arrested him after he ran from ...

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Domestic Relations: Child Support – Maintenance – Attorney’s Fees

Sans Souci v. Sans Souci (MLW No. 59059/Case No. SD29247 – 20 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Where the trial court did not consider the amount of maintenance awarded to wife in its calculation of child ...

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Appellate Practice: Probate Case – Interlocutory Order

In the Estate of Johnny Dale Smith v. Smith (MLW No. 59056/Case No. SD29165 – 6 pages) (Missouri Court of Appeals, Southern District, per curiam Where a party appealed a probate court’s interlocutory order denying his motion to vacate the ...

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Probate: Sexually Violent Predator – Confinement – Jury Instructions

In the matter of the care and treatment of Duewey Warren v. State (MLW No. 59023/Case No. SD28741 – 11 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Where a man committed to confinement as a sexually violent predator ...

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Driver’s License: DWI – Director’s Records – Inconsistency

Colhouer v. Director (MLW No. 59024/Case No. SD29379 – 5 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Where a DWI case was submitted entirely on the director’s records and included the breath machine evidence ticket, a maintenance report ...

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Domestic Relations: Maintenance – Non-Modifiable

McBride v. McBride (MLW No. 59025/Case No. SD29014 – 8 pages) (Missouri Court of Appeals, Southern District, Burrell, P.J.) Where husband and wife entered into a separation agreement that was incorporated into their divorce decree and provided that maintenance was ...

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Domestic Relations: Parental Rights – Termination – Abandonment

In the Interest of C.A.M. v. Greene County Juvenile Office (MLW No. 59000/Case No. SD29254 – 18 pages) (Missouri Court of Appeals, Southern District, Lynch, C.J.) Where a child was four months old when taken into protective custody  and evidence ...

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