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Missouri Supreme Court

Criminal Law: Jury Instructions-Sudden Passion-Closing Arguments

  (1)Where defendant challenged his convictions for first-degree and second-degree murder, the trial court erred by refusing to submit a proposed instruction that instructed on the lesser-included offenses of second-degree murder and involuntary manslaughter because there was sufficient evidence from ...

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Criminal Law: Discovery Violation-Late Disclosure -‘Fundamental Unfairness’

  Where the state violated the rules of discovery in a drug case by failing to timely disclose a recorded statement made by the defendant that amounted to an admission of guilt, the defendant did not request a continuance, which ...

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Employment Law: Disability Discrimination Long-Term Disability Benefits Judicial Estoppel

Plaintiff and his former employer cross-appealed the jury verdict awarding plaintiff damages in his disability-discrimination and wrongful-termination claim. Plaintiff was diagnosed with chronic muscular dystrophy; believing he was being discriminated against due to his disability, plaintiff ultimately applied for and ...

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Driver’s License: Suspension of License-DUI-Collateral Recordkeeping Requirements

  Defendant submitted to a breathalyzer test, which showed that his BAC was .087, more than the legal limit of .08. Defendant challenged his subsequent suspension of his driver’s license, alleging that the failure to comply with collateral recordkeeping requirements ...

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Criminal Law: Indecent Exposure to a Child-Constitutionality-Criminalization of Legal Conduct

Defendant challenged his charge of sexual misconduct involving a child by indecent exposure, following an alleged consensual sexual encounter between defendant, then 18 years old, and defendant’s 14-year-old girlfriend. Defendant argued that the statute was unconstitutional as applied because it ...

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Criminal Law: DUI-Motion to Dismiss-Preliminary Writ Granting Relief

  Defendant was charged with DUI and had his license revoked after he refused to complete field-sobriety tests or submit to a breathalyzer. Police got a warrant to obtain defendant’s BAC, which showed levels of .052 and .039. Defendant sought ...

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