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| Hardcore Concrete, LLC v. Fortner Ins. Servs., No. 27437,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, February 28, 2007, Filed
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Overview: Concrete company brought a negligence suit against insurer for failing to attach proper documentation to insurance policy; however, trial court erred in failing to grant directed verdict for insurer and motion for JNOV because insurer was acting as agent for principal. If concrete company suffered harm, its redress was against principal.
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| Purvis v. State, No. 27681,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, February 28, 2007, Filed
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Overview: Where trial court's reply to a jury question as to whether they had to be unanimous in their decision "instructed" the jurors to follow the instructions, and they deliberated two more hours thereafter, the court could not say that the trial court's reply coerced the jury.
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| State v. St. George, No. 27554,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, February 28, 2007, Filed
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Overview: Denial of defendant's motion to acquit him of felony resisting arrest under Mo. Rev. Stat. § 575.150 was proper as defendant should have recognized that the officer was attempting to arrest him when defendant speedily drove away from the officer after three traffic stops, and later fled on foot while ignoring the officer's command to stop.
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| Wedgewood Square Ctr. Ltd. P'ship v. Lincoln Land Title Co., Nos. 26693, 26694, 26695, Consolidated,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, February 28, 2007, Filed
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Overview: In a property owner's suit against a title company when it discovered parcels that were subject to a deed of trust in favor of a third party, summary judgment in favor of the company on ripeness grounds was error because even if the claim was prematurely filed, that fact alone did not entitle the company to a judgment on the merits.
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| Woodson v. State, Case No. 27504,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, February 28, 2007, Filed
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Overview: In a robbery case, denial of defendant's Mo. Sup. Ct. R. 29.15 motion based on ineffective assistance of counsel was proper as defendant failed to show that a motion to suppress the witness's identification of him would have been meritorious, and counsel could not have been ineffective for failing to file a meritless motion to suppress.
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| Beach v. State, No. 27918,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, March 1, 2007, Filed
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Overview: Where movant argued that a guilty plea to first degree robbery was not knowing and voluntary due to counsel's poor advice and that he was prejudiced by rejecting a plea offer with a lesser sentence, his Mo. Sup. Ct. R. 24.035 motion for post-conviction relief was properly denied because he did not satisfy the Sixth Amendment prejudice requirement.
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| Martin v. Town & Country Supermarkets, No. 26689,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, March 1, 2007, Filed
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Overview: An award of workers' compensation benefits to an employee was proper under Mo. Rev. Stat. § 287.140.1 because her surgical treatment resulted in temporary pain relief and a reduction in the pain she suffered. Since her disability resulted from that treatment, the events producing the additional injuries were consecutive and uninterrupted.
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| State v. Arnold, No. 27406,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, March 5, 2007, Filed
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Overview: Trial court properly denied defendant's motion for acquittal where there was sufficient evidence for jury to find that defendant confined a corrections officer for purpose of holding her as hostage, in violation of Mo. Rev. Stat. § 565.110; defendant admitted to holding onto officer and placing her in handcuffs as he negotiated for his own release.
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