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| Cook v. State, No. 26981,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION I, April 19, 2006, Filed
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Overview: Pursuant to Sixth Amendment, plea counsel was not ineffective in hiring psychologist to evaluate inmate to determine whether or not he was suffering from mental disease or defect and to ascertain his mental capabilities, and in hiring sex offender counselor to evaluate him and provide alternatives and recommendations as to disposition of his case.
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| McMains v. McMains, No. 26999,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, April 19, 2006, Filed
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Overview: Appellate court affirmed the grant of summary judgment in favor of an insurer in a passenger's claim for damages under the insurer's uninsured motorist coverage because since the passenger obtained a settlement with the insurance company for the other car in involved in the accident, there was no uninsured vehicle that triggered coverage.
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| Finney v. Nat'l Healthcare Corp., No. 26971,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION I, April 20, 2006, Filed
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Overview: In a daughter's suit against a nursing home for the wrongful death of her mother, denial of the nursing home's motion to compel arbitration based on an arbitration clause in the mother's contract with the nursing home when she was first admitted was proper as the daughter was not a party to the original contract and thus not bound by the clause.
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| Hill v. State, No. 26690,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, April 20, 2006, Filed
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Overview: In a murder case, the trial court did not err by not granting movant a hearing upon his sua sponte Mo. Sup. Ct. R. 29.15 motion to inquire into an abandonment by his appointed counsel as the abandonment claim was nothing more than a claim of ineffective assistance of postconviction counsel, which was categorically unreviewable.
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| State v. Green, No. 26967,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT DIVISION II, April 21, 2006, Filed
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Overview: Defendant's appeal from his possession of marijuana with intent to distribute conviction was dismissed as the record clearly showed that defendant voluntarily waived his right to appeal in exchange for the State's recommendation that he receive the minimum sentence under the charged offense.
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| Am. Family Mut. Ins. Co. v. As One, Inc., No. 26906,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, April 24, 2006, Filed
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Overview: Summary judgment was improperly granted in favor of insurer where there were genuine issues of material fact whether employee hired by insured was a temporary worker as defined by the policy; there were issues as to whether the employee was hired for a finite period of time and whether he was hired to support or supplement a special work situation.
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