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 ...
Read More »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 ...
Read More »Workers’ Compensation: Action To Collect – Medical Treatment – Health Care Provider
Beard v. St. Francis Medical Center (MLW No. 59057/Case No. SD29126 – 4 pages) (Missouri Court of Appeals, Southern District, Scott, P.J.) Where an employee used her group health plan to arrange for her own medical treatment from providers she ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »Negligence: Medical Malpractice – Continuing Care Exception – Statute Of Limitations
Hooe v. Saint Francis Medical Center, et al. (MLW No. 59022/Case No. SD29279 – 4 pages) (Missouri Court of Appeals, Southern District, Scott, P.J.) Where a plaintiff filed a medical malpractice action in 2004 claiming she was injured seven years ...
Read More »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 ...
Read More »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 ...
Read More »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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