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Domestic Relations: Child Support-Emancipation-Expert Testimony
(1) Where a father challenged a judgment modifying an original dissolution decree, the trial court erred in striking expert testimony on the son’s employability and emancipation, so the appellate court exercised its discretion to render the appropriate judgment, finding that the son was not employable and should not be emancipated for child support purposes. (2) […]
Insurance: Property Damage-Expert Testimony-Deterioration
Where a homeowner sought coverage for property damage after the brick veneer on an exterior wall of his home collapsed, the grant of summary judgment to the insurer is affirmed because a policy exclusion provides that the policy does not cover losses caused by “wear and tear” and “deterioration,” and the homeowner conceded facts through […]
Criminal Law: DWI Expert-Testimony-Mental Condition
Where a defendant charged with a DWI as a prior offender challenged the testimony given by a police officer about her intoxication, arguing that a new law prohibited expert opinions about whether the defendant had a mental state or condition that constitutes an element of the crime charged, the term “mental condition” has not been […]
Criminal Law: Expert Testimony-Sufficiency Of Evidence
Where a defendant in a drug-trafficking case challenged the admission of testimony from a detective about drug packaging, the district court did not abuse its discretion in allowing the evidence because the detective had the knowledge, skill, experience and training to qualify him as an expert in drug trafficking, and the judgment is affirmed because […]
Workers’ Compensation: Permanent Partial Disability-Tinnitus-Expert Testimony
Where an employer challenged an award of permanent partial disability to a worker who suffered from work-related tinnitus, the commission did not err in finding that an audiologist with a doctorate in hearing science was qualified to testify as an expert, and the judgment is affirmed. Judgment is affirmed. Hogenmiller v. Mississippi Lime Company (MLW […]
Negligence: Personal Injury-Negligent Supervision-Expert Testimony
Where a veterinary student, who was injured while vaccinating cattle, sued her veterinarian supervisor for negligent supervision, the judgment for the plaintiff is affirmed because the defendant failed to show that expert testimony was necessary to establish the standard of care, and he did not show that the trial court erred in denying his […]
Criminal Law: Expert Testimony-Notice-Emotional Juror
Where a defendant who was convicted of the receipt of images depicting the sexual exploitation of minors argued that the district court abused its discretion by allowing the government’s expert to testify outside of the scope of the expert notice, the judgment is affirmed because the testimony was within the scope of the notice, and […]
Negligence: Medical Malpractice- Expert Testimony- Causation
Where a plaintiff in a medical-malpractice case claimed that defendant anesthesiologists negligently administered an incorrect dose of morphine that caused her to suffer injuries including sleepiness, depression and an inability to bond with her new baby, the judgment is affirmed because the plaintiff was required to produce expert testimony to establish that the alleged overdose […]
Negligence : Wrongful Death – Defendant’s Testimony – Expert Testimony
Shallow v. Follwell (MLW No. 72107/Case No. SC96901 – 12 pages) (Supreme Court of Missouri, Powell, J.; Fischer, C.J., Wilson, Russell, Breckenridge and Stith, JJ., concur; Draper, J., dissents)
Criminal Law : Expert Testimony – New Standards – Relevance
State ex rel. Kim M. Gardner v. Wright (MLW No. 72035/Case No. ED106935 – 18 pages) (Missouri Court of Appeals, Eastern District, Robert G. Dowd Jr., J.)
Administrative : Social Security – Denial Of Benefits – Expert Testimony
Higgins v. Commissioner (MLW No. 71951/Case No. 17-2737 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)
Criminal Law : Expert Testimony – Admission Of Transcripts – Right To Confrontation
U.S. Montgomery (MLW No. 71898/Case No. 17-1969 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)
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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