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   State Courts - Missouri - April 4, 2006

  
Hendricks v. Cole, WD 65719, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 4, 2006, Filed
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Hutchings v. Roling, Nos. ED85999 & ED86019, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, April 4, 2006, Decided
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Overview: Agency was not authorized by law to place disabled claimant on waiting list for Medicaid Waiver program after he was deemed eligible, and appeal of that decision was an "agency proceeding," not an eligibility determination; thus agency's decision was not substantially justified and attorney fees were properly awarded under Mo. Rev. Stat. § 536.087.

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Johnson v. State, WD 65137, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 4, 2006, Opinion Filed
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Overview: Because appellant affirmatively stated that he had no objection to the admission of photographs of the victims' injuries, he waived the issue for review, and therefore his counsel was not ineffective for failing to raise the issue on direct appeal.

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Koopman v. Mo. Highway & Transp. Comm'n, No. ED86544, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, April 4, 2006, Filed
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Lane v. State, No. ED85988, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, April 4, 2006, Filed
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Overview: An order denying defendant's motion for postconviction relief after he was convicted of first-degree statutory rape, four counts of statutory sodomy, two counts of incest, and two counts of abuse of a child was upheld where no error of law appeared. Defendant's claims of error were without merit.

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Lotts v. State, No. ED86208, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, April 4, 2006, Filed
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Nickel v. G.J. Grewe, Inc., No. ED87519, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, April 4, 2006, Opinion Filed
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Overview: Where a decision of the Missouri Labor and Industrial Relations Commission became final 10 days after it was mailed on December 2, 2005, and the claimant's notice of appeal was not postmarked until January 11, 2006, the notice was untimely pursuant to Mo. Rev. Stat. §§ 288.200.2, 288.210, and 288.240 (2000) and the appeal had to be dismissed.

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Norfolk v. State, WD64831, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 4, 2006, Opinion Filed
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Overview: Motion court clearly erred in rejecting appellant's Mo. Sup. Ct. R. 24.035 claim that trial court lacked jurisdiction to revoke his probation and execute prison sentence because probation had already terminated; Mo. Sup. Ct. R. 29.13, 74.01, 74.06, 75.01, and Mo. Rev. Stat. § 559.036 (2000) did not allow the trial court to revisit probation issue.

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Sisak v. State, No. ED86536, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, April 4, 2006, Filed
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Southwestern Bell Yellow Pages v. Adjusters, Inc., No. ED87302, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, April 4, 2006, Opinion Filed
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