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Opinions

Aug 3, 2023

Real Property: Quiet Title-Adverse Possession

Pentecost v. Webster (MLW No. 80289/Case No. SD37447 – 32 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Camden County, Koeppen, J. (Kari A. Schulte, Jefferson City, for appellant) (Curtis M. Garner, Springfield, for respondent)

Aug 3, 2023

Criminal Law: Statutory Sodomy-Life Sentence

State v. Perry (MLW No. 80287/Case No. SD37678 – 3 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from circuit court, Greene County, Mountjoy, J.

Aug 3, 2023

Criminal Law: Resisting Arrest-Sufficiency of Evidence

State v. Cross (MLW No. 80291/Case No. SD37587 – 6 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Mississippi County, Horack, J. (Jedd C. Schneider, Columbia, for appellant) (Karen L. Kramer, Jefferson City, for respondent)

Aug 3, 2023

Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel

O’Brien v. State (MLW No. 80286/Case No. SD37779 – 6 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Greene County, Holden, J.

Aug 3, 2023

Criminal Law: Child Molestation-Limitation of Defendant’s Testimony

State v. Mealer (MLW No. 80288/Case No. SD37623 – 12 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from circuit court, Jasper County, Dankelson, J. (Randy S. Anglen, Branson, for appellant) (Karen L. Kramer, Jefferson City, for respondent)

Aug 3, 2023

Criminal Law: Child Abuse-Admission of Autopsy Evidence

State v. Brumfield (MLW No. 80290/Case No. SD37173 – 8 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Mississippi County, Horack, J. (Jedd C. Schneider, Columbia, for appellant) (Ashley D. Murphy, Jefferson City, for respondent)

Aug 3, 2023

Insurance: Uninsured Motorist Coverage-Ability to Contest Liability

Brommelhorst v. Automobile Club Inter-Insurance Exchange (MLW No. 80283/Case No. ED110912 – 12 pages) (Missouri Court of Appeals, Eastern District, Clayton, J.) Appealed from circuit court, Montgomery County, Lamb, J. (David P. Bub and Robert L. Devereux, Jr., for appellant) (Andrea D. McNairy and Lisa A. Tsacoumangos, for respondent)

Aug 3, 2023

Criminal Law: Second-Degree Murder-Appeal Waiver

State v. Humphrey (MLW No. 80284/Case No. ED110491 – 5 pages) (Missouri Court of Appeals, Eastern District, Torbitzky, J.) Appealed from circuit court, Audrain County, Lamb, J. (Kevin L. Schriener, for appellant) (Andrew Bailey and Evan J. Buchheim, for respondent)

Aug 3, 2023

Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel

Waldorf v. State (MLW No. 80282/Case No. ED111167 – 18 pages) (Missouri Court of Appeals, Eastern District, Hess, J.) Appealed from circuit court, St. Francois County, Horn, J. (John S. Appelbaum, for appellant) (Evan Buchheim, for respondent)

Aug 3, 2023

Criminal Law: Child Molestation-Recording of Police Interview

State v. Welch (MLW No. 80285/Case No. ED110318 – 12 pages) (Missouri Court of Appeals, Eastern District, Hess, J.) Appealed from circuit court, Lincoln County, Berry, J. (Randy S. Anglen, for appellant) (Ashley D. Murphy, for respondent)

Aug 3, 2023

Insurance: Liability Insurance-Bad Faith-Policy Exclusion

Scaglione v. Acceptance Indemnity Insurance Company (MLW No. 80298/Case Nos. 22-2496 & 22-2497 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, Eastern District of Missouri, Mensah, J. (Edward D. Robertson, III, of Leawood, KS and John Matthew Simon, of St. Louis, MO for appellants; Kelly Clare Frickelton, of Leawood, KS; John G. Simon, of St.[...]

Aug 3, 2023

Immigration: Reinstatement of Removal Proceedings-Asylum-Dismissal of Appeal

Bekhbat v. Garland (MLW No. 80263/Case No. 22-2379 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Petition for Review of an Order of the Board of Immigration Appeals. (Matthew Lorn Hoppock, of Shawnee, KS for petitioners) (Paul Fiorino, USDOL OIL, of Washington, D.C. for respondent)

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