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Court of Appeals, Western District

Civil Practice: Judgments-Docket Entry

Where a petitioner in a civil case filed a writ of mandamus asking the trial court to enter a final, appealable judgment after the parties disputed whether a docket entry constituted such a judgment, the docket entry granted a motion ...

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Domestic Relations: Attorney Withdrawal-Continuance-Division Of Property

(1)Where a husband involved in a dissolution challenged the trial court’s grant of his attorney’s motion to withdraw and the denial of his motion for a continuance, the motion to withdraw was accompanied by the husband’s written consent to the ...

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Workers’ Comp: Occupational Disease-Death Benefits-Firefighter Decedent

Where a city employer challenged the grant of death and burial benefits under the Missouri Workers’ Compensation Act to the wife of a deceased employee, competent evidence established the required nexus between the decedent’s occupational exposure to carcinogenic fumes, smoke ...

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Insurance: Covered Occurrence-Equitable Garnishment-Sanctions

(1)Where plaintiff car buyers secured a judgment in an action alleging fraudulent misrepresentation under the Missouri Merchandising Practices Act against defendants and the defendants’ insurer was sued after denying coverage of the original MMPA action, an equitable garnishment judgment entered ...

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Criminal Law: Post-Conviction Relief-Effectiveness Of Counsel-Abandonment

  Where a defendant argued that his counsel was ineffective for failing to object to certain jury instructions, the amended Rule 29.15 motion was filed four days after it was required to be filed, so the motion was untimely, and ...

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Criminal Law: Expungement-Time Period

Where the state challenged the grant of a petition for expungement for respondent’s 2010 conviction for peace disturbance, arguing that the time frame that should be considered is the three years following the completion of the sentence for each conviction ...

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Criminal Law: Character Evidence-Propensity Evidence-Uninvited Reference

Where a defendant in a domestic-assault case argued that the trial court erred in failing to intervene when a witness offered allegedly improper character and propensity testimony when the witness said he assumed the defendant “had a court date somewhere,” ...

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