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   State Courts - Missouri - January 10, 2006

  
State v. Forrest, SC86518, SUPREME COURT OF MISSOURI, January 10, 2006, Filed
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Overview: Trial court did not err by admitting the hearsay testimony of two police officers concerning their rendition of the shoot-out because the officers provided direct testimony and were subjected to cross-examination, and defendant failed to show that he was prejudiced.

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State v. Hawkins, No. ED84661, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 10, 2006, Filed
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State v. Reed, No. SC86803, SUPREME COURT OF MISSOURI, January 10, 2006, Decided
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Overview: Sufficient evidence supported defendant's convictions of criminal nonsupport in violation of Mo. Rev. Stat. § 568.040.4 (2000) where he admitted that he was father of his children, never questioned that fact throughout their lives, and admitted that a legal obligation existed; he thus necessarily admitted that he had "knowledge" of his obligation.

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State v. Robinson, No. ED85371, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 10, 2006, Filed
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Suddarth v. Elsberry Special Rd. Dist., No. ED85129, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, January 10, 2006, Filed
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Thompson v. Higginbotham, WD65473, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 10, 2006, Opinion Filed
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Overview: In plaintiffs' negligence suit, court erred in awarding summary judgment to builder on the ground that suit was barred by statute of limitations in Mo. Rev. Stat. § 516.097 because record contained facts to show connection of builder to unsafe or defective condition of building giving rise to liability other than as designer and builder of balcony.

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Tisius v. State, No. SC86534, SUPREME COURT OF MISSOURI, January 10, 2006, Filed
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Overview: In a murder case, the trial court properly denied defendant's Mo. Sup. Ct. R. 29.15 motion for postconviction relief as his counsel was not ineffective for failing to object to the prosecutor's argument regarding who stole the gun as it was not false; further, the argument that the gun was taken by stealth was relevant to the issue of deliberation.

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Vance Bros., Inc. v. Obermiller Constr. Servs., No. SC86668, SUPREME COURT OF MISSOURI, January 10, 2006, Filed
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Overview: Where a subcontractor filed an action to receive payment for work performed for a general contractor, Mo. Rev. Stat. § 431.180 (2000) was satisfied and the trial court had jurisdiction; additionally, the statute did not require an award of interest as a prerequisite to the awarding of attorney fees.

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Williams v. State, No. ED85229, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 10, 2006, Filed
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Young v. Young, WD 65450, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 10, 2006, Order Filed
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