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| Marschke v. State, No. 26201,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, March 9, 2006, Filed
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Overview: In a murder case, counsel was not ineffective for failing to call an expert witness to testify that elevated levels of antimony on defendant's hands probably resulted from touching the victim's shoulder, rather than from shooting him, because the expert's opinion lacked any substantial basis in facts established by the evidence.
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| State v. Edberg, No. 26844,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, March 9, 2006, Filed
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Overview: In an arson case, overruling defendant's objection to a purported leading question of a witness regarding defendant's statement that she was going to burn her girlfriend's ex-husband's "toys" was not plain error under Mo. Sup. Ct. 30.20 as defendant could not be prejudiced where the testimony was cumulative of other testimony properly admitted.
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| Heintz Elec. Co. v. Tri Lakes Interiors, Inc., No. 27129,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, March 10, 2006, Filed
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Overview: Trial court erred when it denied appellant's motion to set aside a default judgment against it pursuant to Mo. Sup. Ct. R. 74.05(d) because appellant's allegations of res judicata presented at least an arguably meritorious defense and because appellant had shown good cause for its failure to file an answer to the petition.
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| State v. Slavens, No. 26584,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, March 10, 2006, Filed
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Overview: Defendant's convictions for kidnapping and interference with custody under Mo. Rev. Stat. §§ 565.110, 565.150 were reversed as she could not interfere with the performance of a governmental function by removing her child from the family services' custody, and the State failed to prove that she knew she had no legal right to remove her child.
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| Woods v. Cory, No. 27247,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, March 10, 2006, Filed
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Overview: The enforcement of a settlement agreement in an action stemming from an automobile accident was proper where the next friend and surviving children accepted the driver's employer's offer within 15 days and the offer did not contain any condition that it be accepted before the trial court ruled on the employer's motion for summary judgment.
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| York v. York, No. 27067,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, March 13, 2006, Filed
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Overview: Trial court's determination that a wife lacked sufficient property to provide for her reasonable needs and was unable to support herself by appropriate employment was supported by sufficient evidence, as was the determination that husband had the ability to pay the maintenance award, assessed in accordance with Mo. Rev. Stat. § 452.335.2 (2000).
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