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   State Courts - Missouri - January 30, 2007

  
Pettis v. State, WD 65972, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 30, 2007, Opinion Filed
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Overview: Denial of defendant's motion for post-conviction relief under Mo. Sup. Ct. R. 24.035 was reversed as the trial court sentenced defendant while under the mistaken belief that defendant's parole eligibility would be pushed back as represented to it by defendant's counsel, when in fact it would be entirely extinguished by a consecutive sentence.

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Rodgers v. State, WD 66737, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 30, 2007, Order Filed
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Seeck v. Geico Gen. Ins. Co., No. SC87995, SUPREME COURT OF MISSOURI, January 30, 2007, Filed
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Overview: Grant of summary judgment in favor of respondent insurance company was reversed and remanded; because an insurance clause appeared to provide coverage, but other clauses indicated that such coverage was not provided, the policy was ambiguous, and the ambiguity was to be resolved in favor of coverage for appellant insured.

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Snelling v. Michelin N. Am., Inc., No. ED88329, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, January 30, 2007, Opinion Filed
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Spells v. State, WD66116, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 30, 2007, Opinion Filed
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Overview: Appellant made a clerical error when he mailed for filing his first pro se motion under Mo. Sup. Ct. R. 29.15; the motion was returned, although it was timely. A second mailing was untimely. State's motion to dismiss was improperly granted because circuit court misapplied the law in light of prior case law.

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State ex rel. Mo. Highway & Transp. Comm'n v. Lundry, No. ED87876, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, January 30, 2007, Decided , January 30, 2007, Filed
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State ex rel. Riverside Pipeline Co., L.P. v. PSC of Mo., No. SC87495, SUPREME COURT OF MISSOURI, January 30, 2007, Filed
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Overview: Respondents were entitled to judicial review for the purpose of having the lawfulness of the Public Service Commission's (PSC) original order inquired into or determined because there was no requirement that the party contesting the decision be "aggrieved" in the same way one would have to be in order to bring an appeal in an ordinary civil case.

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State ex rel. Stude v. Jackson, No. ED88565, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, January 30, 2007, Filed
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State v. Gregory, No. ED87351, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, January 30, 2007, Filed
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State v. Kemp, No. SC87371, SUPREME COURT OF MISSOURI, January 30, 2007, Filed
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Overview: Defendant's confrontation rights, Sixth Amendment, were not violated by the admission of a 911 call because when she made the statements, the victim sounded breathless and frantic, she said that defendant had chased her, and the questions the operator asked were directed at enabling police assistance to meet the ongoing emergency.

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