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   State Courts - Missouri - May 16, 2006

  
Brooks v. State, No. ED86753, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, May 16, 2006, Order Filed
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Bryant v. State, No. ED86780, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, May 16, 2006, Order Filed
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Christensen v. Am. Food & Vending Servs., No. ED86906, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, May 16, 2006, Filed
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Overview: Appellate court affirmed a determination that the employer failed to prove that the claimant was discharged for misconduct connected with work under Mo. Rev. Stat. § 288.045 (Supp. 2004), because the employer did not state in its drug and alcohol policy that a positive test result would be deemed misconduct.

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City of Portage Des Sioux v. Lambert, No. ED84658, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, May 16, 2006, Filed
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Overview: Court dismissed an appeal with respect to the grant of a mistrial because grant of a mistrial was not a final, appealable order pursuant to Mo. Rev. Stat. § 512.020 (2004), and it affirmed portion of a judgment granting an injunction against property owners because substantial evidence indicated their structures were unfit for use or habitation.

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Davis v. State, No. ED85766, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, May 16, 2006, Filed
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Flemons v. State, WD 65184, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 16, 2006, Order Filed
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Fulton v. State, No. ED86914, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, May 16, 2006, Filed
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Fuse v. PW & D, Inc., No. ED87767, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, May 16, 2006, Opinion Filed
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Overview: Appellate court granted the Division of Employment Security's motion to dismiss the appeal for lack of jurisdiction because the claimant's notice of appeal was filed months after the deadline in Mo. Rev. Stat. § 288.210.

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Glass v. First Nat'l Bank, No. SC87244, SUPREME COURT OF MISSOURI, May 16, 2006, Filed
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Overview: Judgment awarding damages pursuant to Mo. Rev. Stat. § 443.130 (2000) for a lender's failure to timely provide a sufficient deed of release on a mortgage that was satisfied, Mo. Rev. Stat. § 443.060.01 (2000), was affirmed because debtors' demand letter placed the lender on notice of its request, even though it did not specifically cite § 443.130.

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Guynes v. State, ED86515, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, May 16, 2006, Filed
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Overview: Appellate court affirmed the denial of an inmate's motion pursuant to Mo. Sup. 24.035 as the inmate stated in his plea hearing that there were no additional witnesses he wanted to his counsel to contact, and the counsel's alleged fear of trial did not constitute a conflict of interest or ineffective assistance of counsel.

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