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   State Courts - Missouri - January 24, 2006

  
State v. Gordon, No. ED85559, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, January 24, 2006, Filed
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State v. Groves, WD 64695, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 24, 2006, Order Filed
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State v. Metcalf, No. ED85803, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, January 24, 2006, Filed
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Overview: State failed to produce sufficient evidence to convict defendant of possession of a controlled substance, in violation of Mo. Rev. Stat. § 195.202 (2000), beyond a reasonable doubt where although he was in hotel room with wife when residue was found, wife pled guilty to possession and only she had actual physical control of item containing residue.

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State v. Smith, No. ED85631, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 24, 2006, Filed
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Overview: Denial of defendant's motion for new trial was proper as defendant's claim that he had receipts for four of the seven items that he was convicted of stealing was not properly preserved as he did not raise the issue in his Mo. Sup. Ct. R. 30.20 motion, it was subject to plain error review, and it would not have completely exonerated defendant.

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State v. Taylor, WD 64638, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 24, 2006 Order Filed;
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State v. Vinson, No. ED86024, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 24, 2006, Filed
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Overview: The granting of defendant's motion to dismiss was improper pursuant to the "anti-shuttling" provision of the Interstate Agreement on Detainers (IAD), Mo. Rev. Stat. § 217.490. His voluntary and affirmative action of posting bond and causing his return to federal custody waived his protections under the IAD's anti-shuttling provision.

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State v. Zeigler, No. ED85998, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, January 24, 2006, Order Filed
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Stott v. State, No. 26748, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, January 24, 2006, Filed
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Overview: Movant's request for post-conviction relief pursuant to Mo. Sup. Ct. R. 29.15 was properly denied because movant failed to show that counsel was ineffective for failing to call an expert witness. Expert would have only marginally impeached interviewing technique employed on alleged child victim; counsel exercised reasonable trial strategy.

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Sutton v. State, No. ED86186, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, January 24, 2006, Filed
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Turner v. City of Independence, WD 64998 (consolidated with WD 65048), COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 24, 2006, Filed
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Overview: As property owners' alleged that a city approved rezoning and development would adversely impact their properties, they had standing to challenge the rezoning. However, while the owners presented evidence of private detriment, sufficient evidence supported the trial court's conclusion that public benefit significantly outweighed the detriment.

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