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Missouri Supreme Court

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Criminal Law: Resisting Arrest – Double Jeopardy – Lesser-Included Offense

State v. Daws (MLW No. 60693/Case No. SC90444 – 6 pages) Where a defendant, who was arrested following a police chase, pleaded guilty to charges of failing to yield to an emergency vehicle and was then charged with resisting arrest, ...

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Criminal Law: Instructions – Lesser-Included Offense – Robbery

State v. Williams (MLW No. 60692/Case No. SC90501 – 8 pages) Where a defendant charged with second-degree robbery requested an instruction on the lesser-included offense of felony stealing, the trial court erred in refusing the instruction because the evidence provided ...

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Negligence: Comparative Fault – Motorcycle Accident – Prejudgment Interest

Hayes, et ux. v. Price (Case No. SC90054 – 17 pages) (1) Where a plaintiff, who was injured in an accident when his motorcycle collided with a car, objected to the submission of a comparative fault instruction for his failure ...

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Constitutional: Criminal Contempt – Lawyer Speech – First Amendment

Smith v. Pace (MLW No. 60625/Case No. SC90425 – 22 pages) (Supreme Court of Missouri, Wolff, J.; all concur) Where an attorney was found guilty of indirect criminal contempt based on language he used in a writ petition to the ...

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Taxation: Sales Tax – ‘True Object’ Test – Document Automation

Western Blue Print Co. v. Director of Revenue (MLW No. 60530/Case No. SC90172 – 9 pages) Where a company provided the service of document automation by scanning customers’ hard copies onto CDs, the Administrative Hearing Commission properly found that the ...

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Driver’s License: DWI – Commercial Driving Privilege – Hearing

Strup v. Director of Revenue (MLW No. 60529/Case No. SC90403 – 9 pages) Where a trial court ordered a driver’s commercial driving privilege reinstated because he did not receive a pre-disqualification hearing, the court’s judgment is reversed because a consolidated, ...

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Constitutional: Chronic Offender Statute – Vagueness – Waiver

Feldhaus v. State (MLW No. 60527/Case No. SC90585 – 7 pages) Where a man convicted of driving while intoxicated claimed he was denied due process because the statute under which he was found to be a chronic offender was void ...

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Constitutional: Criminal Sentencing – Conditional Release Eligibility – Statutory Amendment

Rentschler, et al. v. Nixon; Laney v. Nixon (MLW No. 60468/Case No. SC90285/SC90418 – 10 pages) (Supreme Court of Missouri, Price Jr., C.J.; all concur) Where inmates challenged a statutory amendment, passed years after their convictions, which made defendants convicted ...

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