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Civil Practice: Enforcement Of Settlement-Jurisdiction-Overtime Dispute
Roberts v. The Reserve at Heritage, LLC (MLW No. 80734/Case No. ED111313 – 6 pages) (Missouri Court of Appeals, Eastern District, James M. Dowd, J.) Appealed from circuit court, St. Louis County, Kerr, J. (Richard A. Voytas Jr. and David A. Weber for appellant) (Bridget L. Halquist for respondent).
Criminal Law: Supervised Release-Sweat Patch Test-Invited Error
U.S. v. Bonaparte (MLW No. 80742/Case No. 23-2543 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Western District of Missouri.
Criminal Law: Sentencing-Criminal History
U.S. v. Dickens (MLW No. 80732/Case No. 23-1139 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Northern District of Iowa.
Criminal Law: Drug Conspiracy-Sentencing Enhancement-Obstruction of Justice
U.S. v. Cunningham (MLW No. 80731/Case No. 22-3478 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri.
Criminal Law: Conspiracy to Distribute Drugs-Breach of Plea Agreement-Government’s Advocacy
U.S. v. Ontiveros (MLW No. 80730/Case No. 22-2895 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa, Ebinger, J.
Consumer Law: MMPA-Deceptive Clothing Sales-Unjust Enrichment
Hennessey v. The Gap, Inc. (MLW No. 80741/Case No. 22-3187 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, Eastern District of Missouri, Pitlyk, J. (Matthew J. Zevin, Encinitas, CA argued for appellant; Christopher O. Bauman, Robert David Blitz and Scott A. Kitner appeared on the brief) (Stephanie Schuster, Washington, D.C. argued for appellee; Zach[...]
Domestic Relations: Discovery-Failure To Comply-Sanctions
Lee v. Lee (MLW No. 80718/Case No. WD85856 – 9 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, DeKalb County, Horsman, J. (Nathan D. Johnson, St. Joseph, for respondent) (James L. Griffith, Maysville, for appellant).
Domestic Relations: Child Support-Abatement Of Payments-College Student
Sansone v. Fulton (MLW No. 80719/Case No. WD85717 – 14 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Platte County, Eckold, J. (Robert Peter Smith, Kansas City, MO for appellant) (David Bruce Sexton, Gladstone, for respondent).
Criminal Law: Post-Conviction Relief-Prosecutorial Misconduct-Sentencing
James v. State (MLW No. 80720/Case No. WD85640 – 30 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Boone County, Jacobs, J. (Elizabeth Unger Carlyle, Kansas City, MO for appellant) (Evan Buchheim, Jefferson City, for respondent).
Criminal Law: Post-Conviction Relief-Effectiveness Of Counsel-Propensity Witness
Marshall v. State (MLW No. 80721/Case No. WD85339 – 16 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Buchanan County, Robb, J. (Damien de Loyola, Kansas City, MO for appellant) (Andrew Bailey and Richard A. Starnes, Jefferson City, for respondent).
Criminal Law: Resisting Arrest-Sufficiency Of Evidence-Accomplice Liability
State v. Dill (MLW No. 80717/Case No. SD37153 – 23 pages) (Missouri Court of Appeals, Southern District) Appealed from circuit court, Lawrence County, Cole, J. (Jedd Christian Schneider, Columbia, and James Robert Hayes, Springfield, for appellant) (Dora A. Fichter, Jefferson City, and Don Trotter, Mount Vernon, for respondent).
Criminal Law: Vehicle Accident-“Operating”-Circumstantial Evidence
State v. Laughlin (MLW No. 80716/Case No. ED110894 – 10 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from circuit court, St. Francois County, Sechrest, J. (Carol D. Jansen for appellant) (Shane Porter for respondent).
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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