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   State Courts - Missouri - April 24, 2007

  
Saxton v. Saxton, WD 66293, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 24, 2007, Filed
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Overview: In distribution of property following marital dissolution, appellate court, pursuant to Mo. Sup. Ct. R. 84.13, awarded wife commercial property because, due to a scrivener's error, trial court wrongfully made an inequitable division of property, contrary to Mo. Rev. Stat. § 452.330, by awarding husband commercial property.

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Smith v. Aquila, Inc., WD67273, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 24, 2007, Opinion Filed
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Overview: Trial court erred by granting employer summary judgment in employee's race discrimination action filed under Mo. Rev. Stat. § 213.010 et seq., because she presented evidence that she was terminated while several Caucasian coworkers with the same position were retained and two Caucasian coworkers were transferred just prior to her termination.

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State ex rel. Ford Motor Co. v. Nixon, WD67518, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 24, 2007, Opinion Filed
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Overview: In a wrongful death action brought by the family of a deceased employee, the circuit court judge should have granted the employer's motion to dismiss the family's wrongful death and loss of consortium claims as these workplace injury claims were within the exclusive jurisdiction of the Labor and Industrial Commission under Mo. Rev. Stat. § 287.120.

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State v. Duley, WD 65088, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 24, 2007, Decided , April 24, 2007, Filed
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Overview: Evidence was sufficient to sustain defendant's murder and assault convictions as the prior inconsistent statements of six witnesses who all said they saw defendant shoot a gun at the party were admissible under Mo. Rev. Stat. § 491.074, and each witness's prior inconsistent statements corroborated the others' prior inconsistent statements.

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State v. Foust, No. ED88315, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, April 24, 2007, Filed
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State v. Jackson, WD 66008, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 24, 2007, Filed
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State v. Johnson, WD 66421, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 24, 2007, Filed
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State v. Leskinen, WD 65659, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 24, 2007, Opinion Filed
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State v. Lowrey, No. 27610, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, April 24, 2007, Filed
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Overview: Where defendant was found hiding from police in a building that smelled of ether where a methamphetamine lab was setup with a lit flame and syringes, the incriminating circumstances were sufficient to support his conviction for attempting to manufacture methamphetamine.

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State v. Miller, WD65893, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, April 24, 2007, Opinion Filed
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Overview: Trial court did not err by excluding the testimony of a doctor and counselor that he was suicidal in the weeks before the shooting because the evidence was not relevant as to whether defendant deliberated before shooting and killing his estranged wife's boyfriend.

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