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Missouri Supreme Court

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Criminal Law: Death Penalty Case – Post-Conviction Relief – Effectiveness Of Counsel

Where a defendant convicted of first-degree murder and sentenced to death argued that his counsel was ineffective for multiple reasons including counsel’s failure to obtain a scan of the defendant’s brain, the  motion court properly denied defendant’s motion for post-conviction ...

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Criminal Law: Lethal Injection – Administrative Rulemaking – Notice And Comment

Where Missouri death-row prisoners challenged the state’s adoption of its lethal injection protocol as a violation of rulemaking under the Missouri Administrative Procedure Act, the trial court properly found that the execution protocol is not a rule because it comes ...

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Contracts: Subdivision Development – Release Of Bonds – Attorney’s Fees

Where a subdivision developer sought a declaratory judgment against a county for release of bonds following a dispute with subcontractors over the construction of concrete streets that failed prematurely, the trial court properly released the remaining funds in the bond ...

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Supreme Court of Missouri: Criminal law

Post-conviction relief SC89245 Gary Roberts, Appellant, v. State of Missouri, Respondent Appeal From: St. Francois County Circuit Court, Judge Kenneth Wayne Pratte Handdown Date: 2/10/2009 Opinion Author: Judge Mary R. Russell Opinion Vote: Judges Stith, Teitelman, Wolff, Breckenridge and Fischer, ...

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Criminal Law: Post-Conviction Relief – Guilty Plea – Altered Agreement

Where a defendant’s attorney did not object when the state at a plea hearing added a caveat to the defendant’s plea agreement, the defendant was entitled to an evidentiary hearing on his allegations of ineffective assistance of counsel because he ...

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Supreme Court of Missouri: Criminal Law

Sentencing; prior offender  SC89501 State of Missouri, Respondent, v. Michael Teer, Appellant Appeal From: St. Charles County Circuit Court, Judge William T. Lohmar Handdown Date: 1/27/2009 Opinion Author: Judge Richard B. Teitelman Opinion Vote: Judges Stith and Wolff concur; ...

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Supreme Court of Missouri: Attorneys

Discipline; suspension  SC89623 In Re: Brian Zink, Respondent Disciplinary proceeding Handdown Date: 1/27/2009 Opinion Author: Judge Zel Fischer Opinion Vote: Court en banc concurs  The Office of Disciplinary Counsel (“OCDC”), the disciplinary hearing panel, Brian E. Zink, and ...

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Supreme Court of Missouri: Constitutional

Retirement fund; eligibility  SC89370 Gilbert L. Alderson, et al., Appellants, v. State of Missouri, et al., Defendants, County Employees’ Retirement Fund, et al., Respondents Appeal From: Cole County Circuit Court, Judge Richard G. Callahan Handdown Date: 1/13/2009 Opinion Author: ...

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Supreme Court of Missouri: Arbitration

Wrongful death action; nursing home defendant  SC89291 Dale Lawrence, Respondent, v. Beverly Manor, Appellant Appeal From: Jackson County Circuit Court, Judge Jon R. Gray Handdown Date: 1/13/2009 Opinion Author: Judge Michael A. Wolff Opinion Vote: Judges Stith, Price, Teitelman, ...

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Real Property: Annexation – Judicial Review – Noncontested Case

(1)Where a city sought judicial review of a boundary commission’s denial of an annexation proposal and the parties disputed whether the commission’s action should be reviewed as a contested or noncontested case, the proceeding was properly classified as noncontested because ...

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Labor: Nurses’ Strike – Unemployment Benefits – Unfair Labor Practices

  Where a hospital appealed a determination that nurses were eligible for unemployment benefits while they were on strike, a Missouri statute providing unemployment benefits to employees who strike when the employer has committed an unfair labor practice is not ...

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