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| Rushing v. City of Springfield, No. 26776,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, January 10, 2006, Decided
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Overview: Couple's appellate brief was dismissed for being deficient under Mo. Sup. Ct. R. 84.04(c) and (d) where the statement of facts was not a fair and concise statement of the facts relevant to the questions presented for determination; couple's claims were not stated in summary fashion and did not lend themselves to what claimed error they supported.
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| Slattery v. Slattery, No. ED86184,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, January 10, 2006, Filed
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Overview: Although a court properly awarded retroactive child support, Mo. Rev. Stat. § 452.340, because the wife had to expend marital assets to provide for the children and herself for many months, the calculation was incorrect; the court failed to credit the husband for the children's private school tuition he paid.
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| Stanley v. Stanley, WD 63924,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 10, 2006, Order Filed
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| State ex rel. Alma Tel. Co. v. PSC, No. SC86529,
SUPREME COURT OF MISSOURI, January 10, 2006, Filed
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Overview: The Missouri Public Service Commission was correct in holding that proposed access tariffs were unlawful; because the traffic in question originated and terminated within the same "major trading area," pursuant to 47 U.S.C.S. § 251(b)(5), tariffs pertaining to interstate and intrastate access charges could not be imposed.
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| State ex rel. Dean v. Cunningham, No. SC86695,
SUPREME COURT OF MISSOURI, January 10, 2006, Filed
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Overview: In an employee's sex discrimination and sexual harassment suit under the Missouri Human Rights Act, Mo. Rev. Stat. § 213.010 et seq., for emotional distress damages, the employee was protected by the physician-patient privilege as to "garden variety" emotional distress as a result of the incidents pleaded in her claims.
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| State ex rel. GMAC v. Standridge, No. SC86948,
SUPREME COURT OF MISSOURI, January 10, 2006, Filed
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Overview: Court made absolute a writ to limit discovery in a debtor's counterclaim against a motor company for malicious prosecution; by requesting information on all car sales where company had knowledge of any delay of conferring title, debtor's discovery requests were seeking information in excess of parameters of his malicious prosecution counterclaim.
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| State ex rel. Johns v. Kays, No. SC86936,
SUPREME COURT OF MISSOURI, January 10, 2006, Filed
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Overview: Court made absolute an alternative writ to prohibit the State from seeking the death penalty in relator's first degree murder case where relator had been convicted of first degree murder in a prior action and the post-conviction court in that case had determined that relator was mentally retarded and, therefore, not eligible for the death penalty.
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| State v. Dizer, No. ED85581,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 10, 2006, Filed
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| State v. Fields, WD64304,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 10, 2006, Opinion Filed
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Overview: Evidence was sufficient to sustain a conviction for drug trafficking, Mo. Rev. Stat. § 195.223, where drugs were found in plain view on the front seat of defendant's car, both women who had access to the car testified that the substance was not theirs, and evidence was presented that defendant was involved in drug activity and distribution.
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