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Court of Appeals, Western District

Criminal Law: Drug Trafficking – Ruse Checkpoint – Sufficiency Of Evidence

(1)Where officers during a traffic stop of a car that left the highway immediately after seeing a sign announcing a drug checkpoint observed that the passenger was nervous, was a prior drug offender and carried a large stack of cash ...

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Civil Practice: Class Action – Settlement Agreement – Jurisdiction

Where a mortgage company that was a defendant in a class action suit over alleged mortgage act violations filed a motion for the trial court to interpret and enforce the parties’ settlement agreement, the trial court erred in granting the ...

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Missouri Court of Appeals Western District: Criminal law

Second-degree assault; DWI WD69152 State of Missouri, Respondent, v. Mark A. Royal, Appellant Appeal From: Jackson County Circuit Court, Judge James D. Williamson, Jr. Handdown Date: 3/3/2009 Opinion Author: Judge Thomas H. Newton Opinion Vote: Judges Ellis and Welsh, concur ...

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Real Property: Foreclosure Sale – Bidding Error – Equitable Relief

Where a mortgage company sought equitable relief after it inadvertently extinguished the indebtedness of a debtor, precluding enforcement of the additional collateral securing its note, when it made a “full credit bid” at a foreclosure sale, the trial court did ...

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Criminal Law: Second-Degree Assault – DWI – Lesser-Included Offense

Where a defendant was convicted of driving while intoxicated, second-degree assault and second-degree murder, the evidence was sufficient to sustain a finding of driving while intoxicated, but the DWI conviction is reversed and remanded for vacation of that sentence because ...

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Criminal Law: Double Jeopardy – Drug Distribution – Sufficiency Of Evidence

(1)Where evidence showed that a defendant selected a particular bag of marijuana to sell to an informant and answered informant’s questions regarding the quantity and quality of the drug, the evidence was sufficient to find that the defendant knew the ...

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