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   State Courts - Missouri - February 22 - February 27, 2006

  
Bowers v. Hiland Dairy Co., No. 26902, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, February 22, 2006, Filed
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Overview: A finding against the employee in a workers' compensation action was appropriate because there was substantial and competent evidence for the Workers' Compensation Commission to conclude that the February 25, 1999, work injury did not necessitate either past or future medical care and treatment different from that already being provided to him.

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Gattermeir-Elliott Real Estate Co., L.L.C. v. K.H., Inc., No. 26874, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, February 22, 2006, Filed
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Overview: Trial court did not err by entering judgment for the owner in the broker's action claiming entitlement of a commission, because the broker simply did not comply with its own contract to notify the owner in the proper manner of its claim that it had submitted the property to the eventual lessees.

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Howdeshell v. Dir. of Revenue, No. 26740, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, February 22, 2006, Filed
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Overview: Missouri Director of Revenue presented sufficient evidence to prove prima facie case for revocation of respondent's driving privileges pursuant to Mo. Rev. Stat. § 577.041.3 (2004) where it showed that an officer had reasonable grounds to believe respondent was driving while in an intoxicated condition and respondent refused field sobriety tests.

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State v. Kroenung, No. 27059, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, February 22, 2006, Filed
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Overview: Trial court did not abuse discretion in denying motion to dismiss misdemeanor charges against defendant for lack of jurisdiction where any defects in original information were corrected by an amended information which set out that special prosecuting attorney for one county was acting as prosecuting attorney for county where defendant was charged.

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State v. Simmons, No. 27089, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, February 22, 2006, Filed
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Overview: In an operating a vehicle with excessive blood alcohol content case, trial court erred in suppressing the breath test results as the officer had the right to request a second test following defendant's two, prior incomplete breath tests; defendant was required under Mo. Rev. Stat. § 577.020 to submit to the statutorily permitted test of his blood.

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State v. Jensen, Case Number 26901, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, February 24, 2006, Decided
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Overview: Second degree child molestation was affirmed because defendant leaned against the victim for the purpose of sexual arousal, and it was reasonable to infer that defendant was aroused when there was evidence that defendant's penis was erect.

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Gibson-Knox v. Classic Print, No. 27295, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, February 27, 2006, Filed
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Overview: The refusal to award an employee workers' compensation benefits was proper pursuant to Mo. Rev. Stat. § 287.495 where the employee asked the appellate court to substitute its judgment for that of the Labor and Industrial Relations Commission, which it could not do. The Commission had found the employer's testimony more credible.

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Harris v. State, No. 26991, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, February 27, 2006, Filed
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Overview: Denial of postconviction relief under Mo. Sup. Ct. R. 24.035 was affirmed because appellant failed to prove by a preponderance of evidence that he received ineffective assistance of counsel, when counsel testified that she could not recall appellant being concerned about whether he would have to register as a sex offender.

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