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Court of Appeals, Western District

Administrative: Gas Transportation Service – Tariff Violations – Ratemaking

State ex rel. Missouri Pipeline Company v. Missouri Public Service Commission, et al. (MLW No. 60014/Case No. WD70325 – 29 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Where the Public Service Commission found that two gas transportation companies ...

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Criminal Law: Appeal – Escape Rule

State v. Johnson (MLW No. 59978/Case No. WD69448 – 5 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where a criminal defendant appealed a burglary conviction, the escape rule applied to bar consideration of the defendant’s appeal based on ...

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Criminal Law: Statutory Sodomy – Proscribed Punishment – Double Jeopardy

State v. Nibarger (MLW No. 59979/Case No. WD68834 – 12 pages) (Missouri Court of Appeals, Western District, Martin, J.) Where defendant was convicted of attempted statutory sodomy, the 10-year sentence was within the appropriate range even though there was no ...

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Criminal Law: Post-Conviction Motion – Timeliness – Clerk’s Mistake

Garcia v. State (MLW No. 59977/Case No. WD69671 – 3 pages) (Missouri Court of Appeals, Western District, Welsh, P.J.) Where a defendant filed a motion tp challenge his guilty plea within the 180-day time period required under Rule 24.035, the ...

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Criminal Law: Incarceration Reimbursement – Jurisdiction – Default Judgment

State ex rel. Nixon v. Rues (MLW No. 59972/Case No. WD70590 – 4 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where the state won a default judgment against an inmate seeking reimbursement for the costs of incarceration, the ...

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Criminal Law: Guilty Plea – Motion To Withdraw – Fourth Amendment

State v. Vogt (MLW No. 59974/Case No. WD70378 – 7 pages) (Missouri Court of Appeals, Western District, Howard, J.) Where a defendant sought withdrawal of his guilty plea in a drug-trafficking case by arguing that his conviction violated the Fourth ...

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Criminal Law: Effectiveness Of Counsel – Concurrent Jurisdiction – Prejudice

Hayes v. State (MLW No. 59975/Case No. WD70231 – 11 pages) (Missouri Court of Appeals, Western District, Pfeiffer, P.J.) Even though the state filed kidnapping charges in two counties, which resulted in violation of the priority rule for cases of ...

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Criminal Law: Defense Exhibit – Trial Court Neutrality – Sua Sponte Action

State v. Jones (MLW No. 59976/Case No. WD69994 – 9 pages) (Missouri Court of Appeals, Western District, Welsh, J.) 1)Where a defendant convicted of domestic assault tried to introduce his paycheck records to show that the victim attempted to cash ...

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Civil Practice: Order Of Protection – Fear Of Harm – Evidence

C.H. v. Wolfe (MLW No. 59971/Case No. WD70695 – 11 pages) (Missouri Court of Appeals, Western District, Martin, J.) Where a man sought a full order of protection against his neighbor, also an adult male, but he did not show ...

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Civil Practice: Contempt – Imprisonment For Debt

In the Estate of Laura Downs v. Bugg (MLW No. 59973/Case No. WD70409 – 10 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Where a trial court found appellant to be in contempt of court for failing to repay ...

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