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| Doss & Harper Stone Co. v. Hoover Bros. Farms, Inc., No. 27006,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, March 31, 2006, Filed
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Overview: Trial court properly found that a mining lease between a quarry and the landowner was unenforceable and violated the statute of frauds under Mo. Rev. Stat. § 432.010 as it did not contain within itself a "means or key" whereby the identity of the land could be made perfect and certain by parol evidence, readily and without dispute.
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| Foster v. Dir. of Revenue, No. 26950,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, March 31, 2006, Filed
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Overview: Deferring to the ability of trial court to judge witness credibility and ascertain facts, court found that trial court's judgment reinstating a driver's driving privileges was supported by substantial evidence where driver testified that he was not given 20 minutes to contact an attorney, as required by Mo. Rev. Stat. § 577.041.1 (Cum. Supp. 2005).
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| In the Estate of Ellis, No. 26599,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, March 31, 2006, Filed
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Overview: Trial court erred in overruling son's objection to final settlement of mother's estate as three lots inventoried in estate were sold by private sale without proper notice being given as required by Mo. Rev. Stat. § 473.493. Mo. Rev. Stat. § 473.340 provided exclusive statutory mechanism and jurisdictional basis to determine title to mother's house.
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| State v. Bristow, No. 26825,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, March 31, 2006, Filed
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Overview: In defendant's assault case, a court erred by instructing the jury on intoxication, Mo. Rev. Stat. § 562.076, because he did not try to defend the charges by claiming that he was intoxicated; he consistently relied upon a theory of self-defense without every admitting any wrongful conduct, and therefore, the instruction likely confused the jury.
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| State v. Oplinger, No. 27036,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, March 31, 2006, Filed
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Overview: Cross-examination of defendant about his drug use the night before a robbery occurred was directly relevant to defendant's ability to perceive the events about which he was testifying, and probative value of the evidence outweighed any possible prejudicial impact; his convictions for violating Mo. Rev. Stat. §§ 569.020 and 571.015 were affirmed.
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