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   State Courts - Missouri - April 25, 2006

  
Smith v. Dominion Props., No. ED87612, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, April 25, 2006, Opinion Filed
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Overview: Claimant's appeal was dismissed because the decision denying unemployment benefits became final 10 days after it was mailed to the claimant on December 30, 2005, and his notice of appeal was due 20 days after that, pursuant to Mo. Rev. Stat. §§ 288.200.2, 288.210, and 288.240 (2000), but his notice of appeal was not filed until February 1, 2006.

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State ex rel. Petti v. Goodwin-Raftery, No. ED86886, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, April 25, 2006, Filed
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Overview: Dismissal of city residents' petition for writ of mandamus and declaratory judgment against city clerk and city was affirmed because, contrary to the residents' assertion, Mo. Const. art. III, § 52(a), did not grant an unlimited right to referendum and because under the city charter, the clerk could not take any action with respect to the petition.

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State v. Barrett, WD 65009, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 25, 2006, Order Filed
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State v. Grondman, WD64717, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 25, 2006, Opinion Filed
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Overview: Trial court abused its discretion in refusing to strike two venirepersons for cause because neither of the prospective jurors was rehabilitated after indicating that they would consider defendant's failure to testify as evidence of his guilt. Based on their voir dire responses, the two venirepersons were not qualified as fair and impartial jurors.

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State v. Herd, No. 26900, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, April 25, 2006, Filed
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Overview: Defendant's conviction of stealing in violation of Mo. Rev. Stat. § 570.030 (2000) was affirmed, where although the only direct evidence was a videotape of her pocketing $ 85 from a store's cash register, the strong circumstantial evidence indicated that she had been entering false "voids" and taking the difference over a period of many months.

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State v. Randall, No. ED86311, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, April 25, 2006, Filed
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State v. Steward, No. ED86228, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, April 25, 2006, Filed
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