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   State Courts - Missouri - January 9, 2007

  
State v. Castilleja, No. ED87363, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, January 9, 2007, Filed
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Overview: Defendant's conviction of one count of criminal nonsupport under Mo. Rev. Stat. § 568.040 was reversed because State provided insufficient evidence to prove that venue was proper in St. Louis County under § 568.040.6, since evidence before the jury did not establish that either the child or defendant lived in the county at the time of the offense.

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State v. Neher, No. SC87860, SUPREME COURT OF MISSOURI, January 9, 2007, Filed
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Overview: Search of defendant's home was proper, under Fourth Amendment, because search warrant was supported by probable cause; the sheriff stated that the confidential informant gave a detailed description of the residence, reported that defendant had been "cooking meth" the prior evening, and identified a person who had been at the residence that evening.

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State v. Sund, SC87747, SUPREME COURT OF MISSOURI, January 9, 2007, Filed, Filed
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Overview: Officer's demand that defendant and companion let him search the trunk or he would detain them as they waited for police dogs, even though traffic stop was concluded and despite lack of reasonable suspicion of criminal activity, was an unlawful detention under the Fourth Amendment, and the marijuana found in the trunk should not have been admitted.

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State v. Wyble, WD 65139, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 9, 2007, Filed
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Overview: In statutory sodomy case, trial court did not violate the Sixth Amendment Confrontation Clause by allowing grandmother, mother, and social worker to testify about abuse as (1) victim was unavailable witness, Mo. Rev. Stat. § 491.075; (2) there was no doubt victim was abused, and (3) something traumatic happened when victim was alone with defendant.

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