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| Pointer v. Mo. Bd. of Prob. & Parole, WD66665,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 6, 2007, Opinion Filed
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Overview: While the trial court declared a prisoner's prior commitment did not count for purposes of Mo. Rev. Stat. § 559.115, the issue was moot because even excluding the commitment, he still had three prior commitments and, under Mo. Rev. Stat. § 558.019.2(3), the minimum term was 80 percent of the sentence if he had three or more prior commitments.
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| Roach Law Firm v. Beilenson, No. ED88286,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, March 6, 2007, Filed
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Overview: Trial court had no jurisdiction to grant the claimant's motion for summary judgment, because the claimant failed to state facts showing the existence of a justiciable controversy admitting of specific relief, and the petition for a declaratory judgment and the evidence adduced in support of it, constituted a mere request for an advisory opinion.
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| Smith v. City of St. Louis Civ. Serv. Comm'n, No. ED88653,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, March 6, 2007, Filed
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Overview: Where the former employee appealed the decision upholding the termination of his employment with the City of St. Louis, Missouri, his brief failed to comply with Mo. Sup. Ct. R. 84.04; the brief contained irrelevant information, no legal arguments, and no citations of authorities. The brief was inadequate to invoke appellate jurisdiction.
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| Smith v. State, WD 66129,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 6, 2007, Filed
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Overview: Appellant convicted of first-degree robbery and armed criminal action was not entitled to have his motion for post-conviction relief reopened more than 30 days after the entry of judgment in 1996. Appellant did not plead abandonment of counsel sufficient to give the motion court jurisdiction to re-open the case under Mo. Sup. Ct. R. 75.01.
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| State ex rel. City of Jennings v. Riley, No. ED88881,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, WRIT DIVISION THREE, March 6, 2007, Filed
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Overview: Mandamus was proper because, where opposing party did not reply under Mo. Sup. Ct. R. 51.045, circuit judge was without discretion to deny city's motion to transfer venue in negligence case in that venue was proper in St. Louis County; specific venue statute, Mo. Rev. Stat. § 508.050, rather than general statute, Mo. Rev. Stat. § 508.010, applied.
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| State ex rel. Dreppard v. Jones, No. ED89214,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, WRIT DIVISION FIVE, March 6, 2007, Filed
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Overview: Mandamus relief was granted because the circuit judges should have granted relator's motion to disqualify a re-appointed guardian ad litem (GAL) in that a motion to modify a divorce decree was an independent proceeding and relator had an absolute right under Mo. Rev. Stat. § 452.423.1 to disqualify the GAL when the motion was timely.
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| State v. Ellis, WD 66675,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 6, 2007, Decided , March 6, 2007, Filed
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| State v. Owen, WD 66655,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 6, 2007, Opinion Filed
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Overview: Denial of motion to expunge an alcohol-related driving offense pursuant to Mo. Rev. Stat. § 577.054 was affirmed because appellant held a commercial driver's license and had surrendered it just before he filed his petition.
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| State v. Smith, WD 66048,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 6, 2007, Opinion Filed
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Overview: In a first degree robbery case, because the evidence was such that the jury could have reasonably inferred that defendant did not know anything about the gun used by his accomplice in the robbery, the trial court was required to instruct down, Mo. Rev. Stat. § 556.046, on second-degree robbery and committed reversible error in failing to do so.
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