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   State Courts - Missouri - May 5, 2006

  
Bantle v. Dwyer, Case No. 27465, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, May 5, 2006, Filed
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Overview: State improperly calculated appellant's mandatory minimum prison term under Mo. Rev. Stat. § 558.019 (2000) because Mo. Rev. Stat. § 217.362.5 (Cum. Supp. 2004), which applied retroactively, prohibited considering appellant's placement in a long-term drug treatment program as a prior commitment; thus, he only had two prior commitments, not three.

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In re Coonts, No. 27052, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, May 5, 2006, Filed
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Overview: Husband's appeal from the denial of his motion to set aside the default judgment dissolving the marriage pursuant to Mo. Sup. Ct. R. 74.05(d) was dismissed for lack of jurisdiction as the docket entry was not denominated as a "judgment" or "decree" and was not signed by the judge, as required by Mo. Sup. Ct. R. 74.01(a).

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McCutchen v. Peoplease Corp., No. 27075, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, May 5, 2006, Filed
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Overview: Claimant's injuries, sustained in a fight at work with his son, who was his subordinate at work, were compensable under Mo. Rev. Stat. § 287.120.1 (2000) where, although the evidence was conflicting, the claimant and his son both testified that the son and not the claimant escalated the dispute from verbal to physical.

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RPCS, Inc. v. Waters, Nos. 27309 and 27311 Consolidated, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION ONE, May 5, 2006, Filed
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Overview: Former employer failed to prove that claimant willfully or deliberately violated its employee policies simply because shortages existed in claimant's till. Thus, under Mo. Rev. Stat. § 288.050.1(1) and .2, there was no misconduct, and Missouri Labor and Industrial Relations Commission properly awarded claimant unemployment compensation benefits.

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