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   State Courts - Missouri - January 4 - January 5, 2007

  
Hensley v. Shelter Mut. Ins. Co., No. 27094, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, January 4, 2007, Filed
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Overview: Home owner's award, Mo. Rev. Stat. § 375.420, against an insurer for vexatious refusal to pay was supported by the evidence because no grounds were given as to why the insurer refused to pay, and the insurer took no action to investigate the owner's alibi on the morning of the fire although it was aware of witnesses who could corroborate the alibi.

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Harp v. State, No. 27593, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, January 5, 2007, Filed
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Overview: Post-conviction relief under Mo. Sup. Ct. R. 29.15 based on ineffective assistance of counsel was denied because a motion to dismiss or a challenge to the jury instructions given in a drug case would have been meritless since there was no violation of Mo. Rev. Stat. § 556.041(1), (4) or the constitutional right to be free from double jeopardy.

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Nelson v. State, No. 27693, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, January 5, 2007 Filed
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Overview: An appeal of the denial of postconviction relief was dismissed pursuant to the escape rule where the 31-month delay in sentencing due to appellant's willful failure to appear adversely affected the criminal justice system. Permitting appellant to pursue an appeal after an escape would tend to diminish respect for the criminal justice system.

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