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| Berry v. State, No. 27698,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, February 22, 2007, Filed
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Overview: After defendant pleaded guilty to involuntary manslaughter and second degree assault, denial of defendant's Mo. Sup. Ct. R. 24.035 motion for post-conviction relief based on ineffective assistance of counsel was proper as he waived all non-jurisdictional defects, defenses, and errors, when he entered a knowing and voluntary plea.
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| Edwards v. State, No. 27652,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, February 23, 2007, Filed
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Overview: Movant for post-conviction relief maintained that sentencing court erred in sentencing outside the range of punishment and denying his right to a fair trial; however, movant was not entitled to any benefit from a change in the law because change to Mo. Rev. Stat. § 558.011 occurred after movant's original sentencing date.
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| State v. Paulson, No. 27633,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, February 23, 2007, Filed
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Overview: Evidence was sufficient to convict defendant of statutory rape and statutory sodomy, Mo. Rev. Stat. §§ 566.032.1, 566.062.1, because, inter alia, (1) he stuck his sexual organ inside her privates; (2) he put his sexual organ inside her behind; (3) he made her rub his sexual organ until he ejaculated; and (4) he made her suck on his sexual organ.
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| State v. Tabor, No. 27271,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, February 23, 2007, Filed
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Overview: In a statutory rape case, Mo. Rev. Stat. § 566.032, the court's admission of a paternity test was harmless error because it was cumulative to properly admitted evidence including the victim's testimony and defendant's admissions that showed that defendant had sexual intercourse with the victim when she was less than fourteen years old.
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| State v. Wright, No. 27430,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, February 23, 2007, Filed
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Overview: In a sodomy case, plain error under Mo. Sup. Ct. R. 30.20 was not shown by a trial court's failure to act sua sponte and grant a mistrial where an investigator commented on the credibility of a victim because the response was brief, there was no elaboration, the jury was instructed of its role, and an objection and ruling were made before the jury.
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| Dixon v. Stoam Indus., No. 27407,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, February 26, 2007, Filed
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Overview: Pursuant to Mo. Rev. Stat. § 288.030.1(24), the employee's refusal to comply with a lawful and reasonable directive from his supervisor constituted misconduct, and the employee knew or should have known that the supervisor was his supervisor; thus, the employee was disqualified for waiting-week credit and benefits, Mo. Rev. Stat. § 288.050.2.
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