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Opinions

To look for specific case numbers, use the search box at the top right of this page. Type in the case number (for example: 20-3170) into the box, and if the opinion is available, it will be in the results.

Criminal Law: Continuance – Denial – Child Molestation Case

Where a defendant convicted of child molestation claimed he needed additional time to investigate the possibility that his stepfather committed the offense, the defendant had known for two years of the stepfather’s presence at the scene of the offense and ...

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Unemployment Compensation: Notice Of Appeal – Timeliness

Where an unemployment compensation claimant failed to file her notice of appeal within 20 days of the date the decision of the Commission became final, the notice was untimely, and the appeal must be dismissed. Appeal is dismissed. Withrow v. ...

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School Districts: District Boundaries – Contiguous Territory – Assessor’s Maps

Where a development company sought a declaratory judgment to determine whether a parcel of its newly purchased property was within a school district’s boundary, the trial court erred to the extent its judgment created a non-contiguous school district, and the ...

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Real Property: Special Assessments – Equitable Relief – Authority

Where homeowners appealed a judgment ordering them to pay their shares of a special assessment passed by their subdivision, the trial court had authority to grant the equitable relief as necessary for preserving the common property and the assessment was ...

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Real Property: Partition Action – Joint Tenancy – Attorney’s Fees

Where a trial court ordered a partition sale of property that was found to be owned by the parties as joint tenants with a right of survivorship, the judgment was supported by substantial evidence, but the trial court erred in ...

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Real Property: Fraudulent Misrepresentation – Injurious Falsehood – Property Redevelopment

Where property owners brought claims of fraudulent misrepresentation, negligent misrepresentation, injurious falsehood and negligence against real estate developers based on allegations that they were damaged by the defendant’s representations about redevelopment and the defendant’s failure to redevelop the property, the ...

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Insurance: Household Exclusion – Watercraft Accident – Personal Injury Action

Where a woman who borrowed with permission a personal watercraft injured the owner’s son in a collision, the trial court erred in finding that the owner’s insurance policy provided coverage for the woman’s defense in a personal injury action brought ...

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Driver’s License: DWI – Probable Cause – Field Sobriety Tests

Where evidence showed that an officer had probable cause to arrest a driver for DWI, the trial court misapplied the law in holding that the officer’s failure to perform field sobriety tests and the officer’s lack of an explanation contributed ...

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Criminal Law: Sentencing – Prior Offender – Prejudice

Where a criminal defendant’s status as a prior offender was not pleaded and proven until after the case was submitted to the jury, the procedure violated Section 558.021.2 and the defendant was prejudiced because he was sentenced by the court ...

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Criminal Law: Confrontation Clause – Child Testimony – Closing Argument

(1)Where a trial court admitted at trial a videotaped interview with a child in a molestation case under Section 491.075, the statute was not unconstitutional as applied to the defendant because the child testified and was subject to cross examination ...

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