Missouri Lawyers Media Missouri legal news and public notices
Goerlitz v. City of Maryville (MLW No. 59960 – 7 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where a homeowner claimed that ricocheting bullets from a nearby firing range were coming onto her property, the claim was ...
Read More »Juvenile: Forensic Interviews – Testimony
In the Interest of J.M.G. v. Juvenile Officer (MLW No. 59661 – 7 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Where two boys participated in forensic interviews with a counselor at a child advocacy center and one of ...
Read More »Administrative: Claim Assignment – Statutory Authority
Missouri Public Service Commission v. Oneok, et al. (MLW No. 59959 – 7 pages) (Missouri Court of Appeals, Western District, Howard, J.) Even though natural gas distributors assigned their claims of price fixing against natural gas suppliers to the Missouri ...
Read More »Contracts: UCC – Action On Account – Defective Fixtures
Western Extralite Co. v. Safeco Insurance Co., et al. (MLW No. 59931/Case No. WD70260 – 10 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where a contractor ordered light fixtures from a distributor and parts of the fixtures were ...
Read More »Court: Kindness to animals gets you a tax break
Charity is charity, whether the recipient has two legs or four, the Missouri Court of Appeals Western District ruled on Thanksgiving week. The court reversed and remanded a State Tax Commission decision last week, saying that when it comes to ...
Read More »Unemployment Compensation: Independent Contractor Status – Manufacturer’s Representatives – Contract
E.P.M., Inc. v. Buckman, et al. (Case No. WD70161/WD70163 – 14 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where a manufacturer’s representative filed for unemployment compensation benefits and the application was challenged by the employer, who argued that ...
Read More »Driver’s License: DWI – Representation – Standing
Campbell v. Director (MLW No. 59901/Case No. WD70266 – 5 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where a driver lost his driving privileges for 10 years due to having more than two convictions for DWI offenses, the ...
Tagged with: DWI license revocation
Read More »Criminal Law: Statutory Rape – Duress – Sufficiency Of Evidence
State v. Durham (MLW No. 59904/Case No. WD70075/WD70076 – 13 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where a defendant forced two of his children to have sexual intercourse with each other, the defendant could be held liable ...
Tagged with: Batson challenge
Read More »Criminal Law: Post-Conviction Relief – Prosecutor’s Nondisclosure – Brady Rule
Duley v. State (MLW No. 59905/Case No. WD69962 – 14 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where the state in a second-degree murder case failed to disclose a police investigative report that included exculpatory evidence, the evidence ...
Tagged with: Brady violation evidence
Read More »Administrative: Denial Of Parole – Judicial Review – APA
Ladd v. Board of Probation and Parole (MLW No. 59902/Case No. WD70248 – 12 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) (1)Where a criminal defendant challenged an adverse parole decision of the Board of Probation and Parole, a ...
Read More »Taxation – Ad Valorem Exemption – Charitable Purpose – Animal Rescue
M’Shoogy Animal Rescue v. Christmas (Case No. WD69830 – 11 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where a charity claimed an ad valorem tax exemption based on the use of its property to rescue and treat injured ...
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