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   State Courts - Missouri - April 12 - April 17, 2006

  
Citizens for the Pres. of Buehler Park v. City of Rolla, No. 27130, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, April 12, 2006, Filed
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Overview: Citizens had standing to challenge sale of city park where the trial court had to decide whether the attempted alienation of the park from the city was a legal or illegal expenditure and whether the citizens had evidence to support a claim of illegal expenditures of public funds or the prospect of such illegal expenditures based upon evidence.

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Maloy v. Cabinet & Bath Supply, Inc., No. 27017, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, April 12, 2006, Filed
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Overview: Trial court did not err in denying an employee workers' compensation benefits as no witnesses to the moving of the mantel on the day the employee contended he was injured remembered the mantel dropping or the employee contending he was injured, and his medical records lacked a history of the alleged injury for almost a year and a half thereafter.

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Salas-Cox v. Dir. of Revenue, No. 27350, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, April 13, 2006, Filed
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State v. Eoff, No. 26047, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, April 13, 2006, Filed
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Overview: In a first degree robbery case, because there was evidence that defendant used a dangerous instrument, i.e., a billy club shaped piece of wood, to rob the victim, the trial court did not err in refusing to give a lesser-included offense instruction, under Mo. Rev. Stat. § 556.046.2, on robbery in the second degree.

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Richards v. Richards (In re Richards), No. 26668, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, April 17, 2006, Filed
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Overview: Joint physical custody of the children, with sole legal custody to the father, was affirmed because the mother did not dispute the trial court's finding that she was not likely to allow the children to have frequent, continuing or meaningful contact with the father.

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