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   State Courts - Missouri - May 2, 2006

  
Jennings v. State, No. ED86608, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, May 2, 2006, Filed
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Johnson v. State, WD 64770, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 2, 2006, Opinion Filed
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Overview: Motion to reopen a post-conviction proceeding under Mo. Sup. Ct. R. 24.035 (2004) was properly denied without an evidentiary hearing because there was no showing of abandonment where post-conviction counsel filed an amended motion and incorporated the inmate's pro se motion by reference; ineffective assistance of counsel was not cognizable.

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Kader v. Shepherd, No. ED86407, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, May 2, 2006, Filed
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Little v. State, No. ED86811, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, May 2, 2006, Filed
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Mason v. State, WD 65329, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 2, 2006, Opinion Filed
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Overview: Court affirmed judgment denying appellant's Mo. Sup. Ct. R. 29.15 motion for postconviction relief, based on allegations of ineffective assistance of counsel, where he did not establish any prejudice resulting from counsel's failure to request that appellant be sentenced to a term of years with placement in an alcohol treatment program.

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McCay v. McCay, No. ED86789, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, May 2, 2006, Filed
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McLaughlin v. Metro. St. Louis Sewer Dist., No. ED86783, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, May 2, 2006, Filed
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Murray v. Kempker, WD 65651, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 2, 2006, Order Filed
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Netco, Inc. v. Dunn, No. SC86855, SUPREME COURT OF MISSOURI, May 2, 2006, Decided , May 2, 2006, Filed
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Overview: In a dispute between corporations and a distributorship and its distributors, the trial court erred in finding that corporation one could be bound to arbitrations as the mere fact that it had a mutually beneficial relationship with corporation two did not make it a third-party beneficiary of the distributorship agreements.

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Nitro Distrib., Inc. v. Dunn, No. SC86854, SUPREME COURT OF MISSOURI, May 2, 2006, Decided
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Overview: An appellee in a dispute between Amway-related business supporters, whose president signed an arbitration agreement, was bound to arbitrate any claims it brought against other signatories to the agreement under Mo. Rev. Stat. 435.355; claims that involved nonsignatories were not bound by the arbitration clause.

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