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   State Courts - Missouri - February 13, 2007

  
Bell v. State, WD 66874, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 13, 2007, Decided , February 13, 2007, Order Filed
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Brehe v. Mo. Dep't of Elem. & Secondary Educ., WD 66267, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 13, 2007, Opinion Filed
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Overview: Where the charge to which respondent teacher pleaded guilty (endangering the welfare of a child in the second degree) did not necessarily involve moral turpitude, and the Department of Education never showed that the circumstances of the offense were such as to involve moral turpitude, the suspension of the teacher's certificate was reversed.

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Bryant v. Bryant, No. ED87298, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, February 13, 2007, Decided , February 13, 2007, Filed
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Overview: As to termination of a husband's maintenance obligation and ordering a wife to pay child support, the trial court erred in considering foster care payments the wife received per day, per child as part of her financial resources, Mo. Rev. Stat. § 452.370.1, and as part of her Form 14 monthly gross income.

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Burns v. Smith, No. SC87789, SUPREME COURT OF MISSOURI, February 13, 2007, Filed
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Overview: Pursuant to Mo. Rev. Stat. § 287.120, employee's suit against supervisor for personal injuries was proper and damages were awarded to employee given evidence that supervisor negligently welded rusted pressurized water tank and he directed the employee to "run it till it blows;" supervisor knew activity would result in particularly dangerous event.

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Cannon v. Thomas Constr., No. ED89069, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, February 13, 2007, Opinion Filed
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Overview: Because claimant for unemployment benefits filed her notice of appeal outside of the twenty-day limit of Mo. Rev. Stat. § 288.210 (2000), the court lacked jurisdiction to hear her appeal of the denial of benefits and dismissed her appeal.

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Casey v. Casey, No. ED88167, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, February 13, 2007, Opinion Filed
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Curd v. State, WD 66593, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 13, 2007, Decided , February 13, 2007, Order Filed
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Dep't of Soc. Servs. v. Senior Citizens Nursing Home Dist., WD 66236, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 13, 2007, Opinion Filed
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Overview: Administrative Hearing Commission properly granted increase to nursing home district's Medicaid per diem rate for additional and replacement beds and properly interpreted Mo. Code Regs. Ann. tit. 13, § 70-10.015 by deciding that district had delicensed the beds and replaced them with newly constructed beds that had never been certified or licensed.

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Elliott v. State, No. SC87746, SUPREME COURT OF MISSOURI, February 13, 2007, Filed
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Overview: In proceeding under Sexual Violent Predator statute, Mo. Rev. Stat. §§ 632.480-632.513, expert testimony on "serious difficulty controlling behavior" element was properly admitted under Mo. Rev. Stat. § 490.065 because witness was qualified, and information used in evaluating appellant and forming opinion was type relied on by experts in field.

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Grammer v. Meridian Med. Techs., No. ED88347, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, February 13, 2007, Filed
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