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Appellants argued a title company was negligent in preparing a map and legal description of the property being purchased by appellants and that the map differed in key respects from the legal description, leading appellants to believe the legal description ...

Tagged with: Breach of Duty Issues Preserved for Appeal Negligence

Respondent formerly worked for Orkin; he was terminated,but was provided a positive letter of recommendation and was deemed eligible to return. Respondent claimed age and disability discrimination but did not initiate suit after receiving a right-to-sue letter. Respondent then applied ...

Tagged with: Employer - Employee Issues Preserved for Appeal Verdict Directors

The appellant’s defense counsel filed a voluntary dismissal without prejudice of appellant’s post-conviction motion for DNA testing. The trial court denied appellant’s objections to that motion. Where the post-conviction motion for DNA testing was voluntarily dismissed without prejudice, and where ...

Tagged with: Criminal Law Final Judgment voluntary dismissal

The appellant was convicted of two counts of aggravated stalking of her former husband and son. Where the appellant was aware an order of protection prohibited contact with her former husband and son and that her prior communications with the ...

Tagged with: Criminal Law Evidentiary Ruling Sufficiency Of Evidence

The appellant was charged and convicted with one count of second-degree assault and one count of armed criminal action. Where one member of the jury was the sister of a prosecutor who signed some of the early pleadings in the ...

Tagged with: Criminal Law juror

Defendant pleaded guilty to stealing a front-end loader worth at least $25,000 and received a 10-year sentence. The Supreme Court subsequently decided that the stealing statute did not allow the offense to be enhanced to a felony. The trial court ...

Tagged with: Criminal Law Felony Enhancement stealing

Defendant entered an Alford plea to two felony charges and was placed on probation that was subsequently revoked for three criminal violations. Defendant escaped his transport to incarceration but was recaptured several days later. Defendant’s motion for post-conviction relief was ...

The trial court awarded wife non-modifiable maintenance in the amount of $2,500 for 36 months. The trial court quashed a subpoena from wife to husband’s employer, which sought information in support of wife’s contention that husband was involved in an ...

The petitioner filed a declaratory judgment, seeking his removal from the sex-offender registry and destruction of records referencing him contained in the registry. The trial court concluded it was required to employ a non-categorical approach and that, under that approach, ...

After appellant pleaded guilty to robbery, he filed a timely motion to vacate the plea, arguing ineffective assistance of his prior counsel. The trial court denied appellant’s request for an evidentiary hearing and denied his motion. Where appellant’s allegation of ...

The St. Louis district defender filed a motion pursuant to §600.063 on behalf of 16 of the 20 public defenders working in his office, claiming their caseloads were excessive and that they would be unable to provide effective assistance of ...

Tagged with: Administrative Administrative Proceedings Statutory Construction