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Court of Appeals, Western District

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Negligence: Public Nuisance – Quarry Traffic – Injunctive Relief

City of Greenwood v. Martin Marietta Materials, Inc. (MLW No. 60195/Case No. WD70495 – 15 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Where a trial court granted a permanent injunction to a city prohibiting trucks transporting quarry rock ...

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Criminal Law: Sentencing – DWI – Persistent Offender

Denbow v. State (MLW No. 60196/Case No. WD70474 – 8 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Where a defendant argued that an earlier conviction for driving with excessive blood alcohol content was not a conviction that would ...

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

Cherco v. State (MLW No. 60201/Case No. WD70071 – 21 pages) (Missouri Court of Appeals, Western District, Martin, J.) (1)Where a defendant was fully questioned about his understanding of the proceedings involved in his guilty plea, the motion court did ...

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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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