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| Overstreet v. Overstreet, No. ED87003,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, February 13, 2007, Filed
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Overview: In a marital dissolution action, the record did not support the conclusion that the trial court's choice of March 1, 2005, as the retroactive date for child support was not arbitrary. At oral argument, neither party was able to explain the significance of the March 1, 2005 date.
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| Pattie v. French Quarter Resorts, No. 27728,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, February 13, 2007, Filed
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Overview: Where the deficiencies in claimant's appellate brief were so substantial that meaningful review by the court was impossible (among other things, there was not a single reference in the statement of facts to the legal file or transcript), the claimant's appeal from the denial of his claim for unemployment benefits was dismissed.
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| Portis v. State, No. ED87395,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, February 13, 2007, Filed
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| State ex rel. Nixon v. McGee, WD66941,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 13, 2007, Opinion Filed
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Overview: A prisoner's motion to set aside a judgment for incarcerating costs under the Missouri Incarceration Reimbursement Act was properly denied. The judgment was a default judgment under Mo. Sup. Ct. R. 74.05(d), and the prisoner failed to argue good cause or that a meritorious defense existed as required for an appeal of a default judgment.
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| State v. Barnhart, WD 66786,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 13, 2007, Decided , February 13, 2007, Filed
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| State v. Gabbert, WD 66350,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 13, 2007, Opinion Filed
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Overview: Trial court properly granted defendant's motion to suppress physical evidence and statements he made to police before or after his arrest because defendant had standing to object to seizure, initial seizure of defendant was illegal, and his consent to search of his person was not sufficiently attenuated to purge the taint of the primary illegality.
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| State v. Hogg, No. ED87964,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, February 13, 2007, Filed
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| State v. Newlon, No. ED86885,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, February 13, 2007, Filed
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Overview: Defendant's conviction under Mo. Rev. Stat. § 191.677 for exposing other persons to HIV without their knowledge and consent was upheld because he failed to preserve a constitutional challenge to § 191.677, a jury instruction did not shift the burden of proof to him, and an HIV counselor's testimony was proper and was not prejudicial.
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| State v. Salazar, WD 65099,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, February 13, 2007, Opinion Filed
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Overview: Defendant's conviction for criminal nonsupport under Mo. Rev. Stat. § 568.040 was upheld because due process did not require the trial court to order DNA testing during the criminal nonsupport case, the administrative adjudication used to establish paternity constituted a legal process, and the 28-day sentence did not violate the Eighth Amendment.
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