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Court of Appeals, Western District

Contracts: Real Estate Sale – Revocable Trust – Individual Liability

Lakeridge Enterprises, Inc. v. Knox, et al. (MLW No. 60197/Case No. WD70444 – 7 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where a buyer in a real estate transaction brought claims of breach of contract and fraudulent misrepresentation ...

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Criminal Law: Post-Conviction Relief – Guilty Pleas – Prejudice

Cherco v. State (Case No. WD70071 – 21 pages) (1)Where a defendant was fully questioned about his understanding of the proceedings involved in his guilty plea, the motion court did not err in finding the plea to be voluntary and ...

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Criminal Law: Victim Tampering – Sufficiency Of Evidence – Telephone Access

State v. Brashier (MLW No. 60175/Case No. WD70077 – 6 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where a defendant, who was charged with first-degree assault, burglary and victim tampering, pulled the telephone wires at the victims’ apartment ...

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Criminal Law: Terry Stop – Reasonable Suspicion – Presence At Drug Transaction

State v. Peery (MLW No. 60172/Case No. WD71070 – 12 pages) (Missouri Court of Appeals, Western District, Pfeiffer, P.J.) Where a defendant argued that officers lacked reasonable suspicion for a Terry stop of his vehicle, the trial court’s grant of  ...

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Civil Practice: Order Of Protection – Attorney’s Fees – Non-Attorney

Afridi v. Auman (MLW No. 60174/Case No. WD70090 – 5 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Where a non-attorney successfully defended himself in a proceeding brought by his landlord who sought an order of protection against him, ...

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Tort: Defamation – Tortious Interference – Damages

Topper v. Midwest Division, Inc., et al. (MLW No. 60173/Case No. WD70323 – 21 pages) Where a doctor who directed a neonatal group brought claims of defamation and tortious interference with contract after he was fired, misrepresentations of a doctor’s ...

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Witt appointed to Western District

After a tumultuous few years, the Missouri Court of Appeals Western District will soon be back to full staff. Judge Gary D. Witt [left] was appointed on Friday to fill the last open vacancy on the Kansas City-based state appeals court. It will be the first time in a year that the court will have all 11 judgeships filled.

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Criminal Law: Sentencing – Prior Municipal Offense – DWI

State ex rel. Koster v. Jackson (MLW No. 60133/Case No. WD71165 – 9 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Even though a defendant who pleaded guilty to driving while intoxicated failed to challenge his sentencing as a ...

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Criminal Law: Post-Conviction Motion – Sentencing Reduction – Habeas Relief

Weir v. State (MLW No. 60134/Case No. WD70807 – 4 pages) (Missouri Court of Appeals, Western District, Welsh, P.J.) Where a defendant filed a pro se motion for post-conviction relief seeking a reduction of his sentence for armed criminal action ...

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Real Property: Wrongful Eviction – Sharecropper – Termination Notice

Hoffman v. Estate of Jack Siler (MLW No. 60106/Case No. WD70247 – 12 pages) (Missouri Court of Appeals, Western District, Smart, J.) Where farmers who worked on a landowner’s property made all of the decisions about what, where and when ...

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