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Court of Appeals, Western District

Warrantless Search: Suppression Of Evidence – Expectation Of Privacy

State v. Kruse (MLW No. 60104/Case No. WD70481 – 13 pages) (Missouri Court of Appeals, Western District, Smart, J.) Where officers entered defendant’s backyard at midnight without a warrant because they were looking for another man whose van was parked ...

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Civil Practice: Order Of Protection – Fear Of Harm

Binggeli v. Hammond (MLW No. 60103/Case No. WD70903 – 7 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Where a woman who sought an order of protection under the Adult Abuse Act against her neighbor claimed she was afraid ...

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Criminal Law: Marijuana Possession – Weight Of Drug – Burden

State v. McClain (MLW No. 60105/Case No. WD70253 – 12 pages) Where the state’s expert witness in a possession of marijuana case admitted that the marijuana that he weighed contained stems and seeds, which were not controlled substances and wer ...

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Insurance: Commercial Liability Policy – Assault And Battery – Bar Bouncer

Penn-Star Insurance Co. v. Griffey ( <!– /* Font Definitions */ @font-face {font-family:”Cambria Math”; panose-1:2 4 5 3 5 4 6 3 2 4; mso-font-charset:0; mso-generic-font-family:roman; mso-font-pitch:variable; mso-font-signature:-1610611985 1107304683 0 0 159 0;} @font-face {font-family:Calibri; panose-1:2 15 5 2 2 ...

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Appraiser gets key testimony – from himself

Mark Funk is a qualified appraiser. Just ask him. The Missouri Court of Appeals Western District said Tuesday that Funk was experienced enough in real estate appraising to testify as an expert witness on his own behalf at a hearing ...

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Insurance: Third-Party Action – Fraudulent Misrepresentation – Summary Judgment

Grisamore v. State Farm Mutual Automobile Insurance Company (MLW No. 60080/Case No. WD70988 – 11 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where a plaintiff who was injured in a car accident brought claims of negligent and fraudulent ...

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Contracts: Corporate Default – Third-Party Pledge – Indemnity

Beeler v. Martin (MLW No. 60081/Case No. WD70746 – 7 pages) (Missouri Court of Appeals, Western District, Welsh, P.J.) Where plaintiffs pledged a certificate of deposit to their son and his business partner for a business start-up loan and the ...

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Administrative: Reverse Briefing Schedule – Pro Se Failure To File – Employee Disqualification List

Ringer v. Missouri Department of Health and Senior Services (MLW No. 60082/Case No. WD70489 – 4 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where a nursing home employee who successfully challenged the listing of her name on the ...

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Unemployment Compensation: Telephone Appeal – Failure To Participate – Good Cause

Weirich v. Division of Employment Security (MLW No. 60057/Case No. WD70891 – 8 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Where an appellant who contested the denial of unemployment benefits appeared for a telephone hearing at her attorney’s ...

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Elections: Ballot Summaries – Circuit Court’s Revision – Eminent Domain

Missouri Municipal League, et al. v. Carnahan, et al. (MLW No. 60056/Case No. WD71224 – 28 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where opponents of ballot initiatives to amend Missouri’s eminent domain provisions challenged fiscal notes and ...

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