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Court of Appeals, Southern District

Criminal Law: Theft- Felony Enhancement- Post-Conviction Relief

Defendant pleaded guilty to theft of at least $500; subsequently, the Missouri Supreme Court issued a ruling that the plain language of defendant’s offense did not allow enhancement to a felony. Defendant moved for post-conviction relief, but the motion court ...

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Contracts: Rescission- Valid Warranty- Violation of Appellate Briefing Rules

Plaintiffs filed suit against defendant based on alleged defects in a vehicle plaintiffs purchased new from defendant, prompting request for rescission of the sales contract. The trial court granted summary judgment to defendant, ruling that plaintiffs had an adequate remedy ...

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Criminal Law: Statutory Rape- Jury Observation of Defendant- Defendant’s Demeanor as Evidence

Defendant was charged with statutory sodomy and statutory rape. During trial, a juror asked the trial court to reposition defendant to observe his demeanor. Defense counsel obliged to the request. On appeal, defendant argued that the trial court committed plain ...

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Criminal Law: Juvenile Delinquency- Criminal Offenses- Standard of Proof

Minor appealed the trial court’s adjudication of delinquency finding him guilty “by clear, cogent and convincing evidence” of acts that would have been crimes if committed by an adult. On appeal, minor argued that the trial court failed to apply ...

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Insurance: Breach of Contract- Failure to Notify- Indemnification

Defendant canceled a homeowners’ Insurance policy for nonpayment and notified LexisNexis of the cancellation, pursuant to an agreement to notify mortgagees of actions taken against defendant’s policies. When the formerly insured home suffered a fire, the mortgagee filed suit, arguing ...

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Criminal Law: Unlawful Possession of a Weapon- Sufficiency of Evidence- Verdict Prior to Closing Argument

Defendant was arrested when she, a prior felon, was a passenger in a vehicle containing loaded firearms. Defendant moved for judgment of acquittal, claiming the weapons were in the vehicle when her husband purchased them and that she had only ...

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