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State Courts -
Missouri - April 3, 2007
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State v. Cushshon, No. ED87764,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, April 3, 2007, Filed
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Overview: Evidence was insufficient to sustain a conviction for possession of a controlled substance in a correctional facility, Mo. Rev. Stat. § 221.111, because another inmate had defendant's mattress for an undetermined time, and there was no evidence that when defendant dragged the mattress to his cell, he was aware that drugs were inside the mattress.
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State v. Gibbs, WD 66334,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 3, 2007, Decided , April 3, 2007, Opinion Filed
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Overview: Evidence was sufficient to sustain a resisting arrest conviction, Mo. Rev. Stat. § 575.150, because an officer testified that he opened the door wide enough to see defendant sufficiently to determine that he matched a suspect's description, and from that, the jury could infer that the door was opened enough for defendant to see the police uniform.
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State v. Lewis, No. ED86961,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, April 3, 2007, Filed
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Overview: In trial for child molestation, in violation of Mo. Rev. Stat. § 566.067, defendant impliedly waived his right to counsel because defendant was not presumed indigent, and defendant had time to procure counsel. Also, admission of child's videotape describing uncharged violent acts was not reversible error because exhibit was merely cumulative.
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