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State Courts -
Missouri - February 28, 2006
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State ex rel. Garrett v. Dally, No. 27023,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, February 28, 2006, Filed
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Overview: Where 70 days' worth of delay in defendant being brought to trial was attributable to motions filed by defendant, and the total delay was 238 days, that left 168 days attributable to the State, which did not exceed the 180-day period in Mo. Rev. Stat. § 217.460 (2000), assuming the Uniform Mandatory Disposition of Detainers Law even applied.
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State v. Christian, ED84863,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, February 28, 2006, Filed
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Overview: Defendant's conviction for felonious restraint in violation of Mo. Rev. Stat. § 565.120 was supported by sufficient evidence, where defendant exposed the victim to a substantial risk of serious physical injury by dragging her by the hair, punching her in the face, hitting her, throwing her on the floor, and throwing her head against concrete.
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State v. McGowan, No. ED85114,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, February 28, 2006, Filed
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Overview: Where a prosecutor asked defendant, in violation of Mo. Rev. Stat. § 546.270, "defendant, did you want to take the stand," in response to defendant's comments that a witness was lying, defendant's conviction was reversed, and the matter was remanded for a new trial.
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State v. Whiteley, No. 26603,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, February 28, 2006, Filed
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Overview: Trial court erred in not instructing on offense of assault in third degree, Mo. Rev. Stat. § 565.070.1 (2000), as a lesser-included offense of second degree attempted robbery where defendant's testimony, if believed, showed that he was not attempting to take property of another, but that he was attempting to receive payment of a debt he was owed.
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