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Court of Appeals, Western District

Public Officers: Public Administrator – Attorney Fees – Probate Cases

France, et al. v. Podleski, et al. (MLW No. 60255/Case No. SD29734 – 7 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Where a public administrator was appointed as the guardian or conservator for the estate of the plaintiffs ...

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Criminal Law: Right To Counsel – Waiver – Re-Appointment

State v. Richardson (MLW No. 60256/Case No. SD29570 – 19 pages) (Missouri Court of Appeals, Southern District, Barney, J.) Where a defendant was allowed to waive counsel and then requested appointment of a public defender several days before trial, the ...

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Criminal Law: Post-Conviction Relief – Appellate Review

McKelvey v. State (MLW No. 60259/Case No. SD29703 – 6 pages) (Missouri Court of Appeals, Southern District, Lynch, P.J.) Where a defendant’s point on appeal challenged the plea court’s timing of his re-sentencing in the underlying criminal case but the ...

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Criminal Law: Post-Conviction Relief – Abandonment – Failure To File Amended Motion

Brooks v. State (MLW No. 60281/Case No. SD29628 – 7 pages) (Missouri Court of Appeals, Southern District, Lynch, P.J.) Where a defendant’s post-conviction counsel requested time to file amended pleadings but the docket sheets did not reflect the mandatory filing ...

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Criminal Law: Alibi Defense – Exclusion – Discovery Sanction

State v. Hopper (MLW No. 60257/Case No. SD29638 – 16 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Where a trial court excluded the testimony of alibi witnesses from defendant’s rape trial as a sanction for a discovery violation, ...

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Probate: Trust Asset Management – Fiduciary Duty – Affirmative Defenses

Schumacher v. Schumacher (MLW No. 60265/Case No. WD70465 – 11 pages) (Missouri Court of Appeals, Western District, Howard, J.)  Where trust beneficiaries brought an action against trustees arguing that trustees lacked authority to convert the trust assets into assets of ...

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Domestic Relations: Prenuptial Agreement – Validity – Child Custody

Potts v. Potts (MLW No. 60268/Case No. WD70196 – 29 pages) (Missouri Court of Appeals, Western District, per curiam) (1)Where a parenting plan awarded a father the parenting time that he wanted with his children, it is not necessary to ...

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Criminal Law: Double Jeopardy – Confrontation Clause – Medical Examiner

State v. Dudley (MLW No. 60270/Case No. WD69970 – 11 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Where a defendant was convicted of felony murder and unlawful use of  a weapon, unlawful use of a weapon is not ...

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Contracts: Construction Contract – Breach – Right To Arbitration

MFA, Inc. v. HLW Builders, Inc. (MLW No. 60263Case No. WD70475 – 9 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where a defendant/property-owner settled a wrongful death action and sued its contractor for breach of contract for refusing ...

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