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   State Courts - Missouri - February 21, 2006

  
In re Whitney, No. ED86051, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, February 21, 2006, Order Filed
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McCallum v. McCallum, No. ED85653, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, February 21, 2006, Filed
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Overview: Where there was substantial evidence that the depletion of two accounts was the result, not of market fluctuation, but of a husband's secreting or squandering of assets in anticipation of dissolution, the trial court did not err in ordering the husband to pay the wife a large sum as reimbursement for money due under their dissolution judgment.

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Miller v. Miller, No. 26909, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, February 21, 2006, Filed
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Overview: Requirements of Mo. Rev. Stat. § 452.400.1-2 (2000) for supervised visitation were met where even if it could not be proven that father molested daughter, she was having emotional problems because she believed something wrong had happened and the father had not even discussed the situation with his daughter.

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Nguyen v. State, WD 64795, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 21, 2006, Filed
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Overview: Denial of defendant's Mo. Sup. Ct. R. 24.035 motion was affirmed because there was a factual basis for the plea, when defendant's plea was made freely, voluntarily, intelligently and unequivocally, and defendant chose to make an Alford plea to accept the sentence while not admitting that any shot he fired actually hit either victim.

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Porras v. State, WD 64743, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 21, 2006, Decided , February 21, 2006, Order Filed
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Rogers v. Dir. of Revenue, WD65039, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 21, 2006, Opinion Filed
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Overview: Court erred by reinstating a driver's driving privileges where his request to use the restroom before submitting to a chemical test of his blood constituted a refusal to take the test under Mo. Rev. Stat. § 577.041 because the rule in Missouri was that a conditional or qualified consent was a refusal.

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Sexton v. State, WD 65328, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 21, 2006, Order Filed
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Shirrell v. Shirrell, No. ED85935, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, February 21, 2006, Order Filed
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Sivigliano v. Harrah's N. Kan. City Corp., WD 65131, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 21, 2006, Filed
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Overview: Court affirmed dismissal of employee's petition alleging that she was wrongly discharged under public policy exception to the at-will employment doctrine because employee merely alleged that she was discharged for violation of a company policy; petition did not allege that employer had violated a legal provision, let alone a public policy mandate.

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St. Charles County v. "A Joint Bd. or Comm'n", No. ED85506, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, February 21, 2006, Decided , February 21, 2006, Filed
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Overview: Summary judgment was properly awarded to a county in community action board's breach of contract action because agreement was unenforceable and thus county could not be held liable. County was twelfth county to enter into an agreement to administer housing applications; Mo. Rev. Stat. § 70.010 authorized only 10 counties to enter into an agreement.

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