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Court of Appeals, Western District

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 ...

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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 ...

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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 ...

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Appeals court fine-tunes ex parte contact between doctors and attorneys

A treating physician could testify as a defense expert following ex parte contact with defense attorneys in a medical malpractice action because there was no showing that the doctor disclosed any “protected health information” to the defendants, according to the ...

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Criminal Law: Forgery – Urine Sample – Elements of Crime

State v. Smothers (MLW No. 59862/Case No. WD70361 – 13 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) (1) Where a trial court granted a criminal defendant’s motion to dismiss a forgery case “without prejudice” based on its finding ...

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Workers’ Compensation: Death Benefits – Course Of Employment – Untimely Answer

Anderson v. Veracity Research Co. (MLW No. 59845/Case No. WD70452 – 22 pages) (Missouri Court of Appeals, Western District, Smart Jr., J.) (1)Where the family of an employee killed in a one-car accident sought workers’ compensation benefits, the employer’s untimely ...

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Probate: Charitable Gift – Enforcement – Standing

Hardt v. Vitae Foundation, Inc. (MLW No. 59844/Case No. WD70525 – 11 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Where plaintiffs who made charitable gifts to a pro-life organization as executors of an estate  brought an action for ...

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