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| McGill v. LM Servs. Corp., No. ED87810,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, May 16, 2006, Opinion Filed
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Overview: Claimant's appeal of a decision denying her unemployment benefits was dismissed because the decision was mailed to the claimant on February 16, 2006, and the claimant's notice of appeal was due on March 20, 2006, pursuant to Mo. Rev. Stat. §§ 288.200.2, 288.210, and 288.240 (2000), but she did not file her notice until March 21, 2006.
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| Richards v. Target Corp., No. ED87824,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, May 16, 2006, Opinion Filed
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Overview: The dismissal of the claimant's appeal from a conclusion that she was disqualified from receiving unemployment was appropriate pursuant to Mo. Rev. Stat. §§ 288.200.2 and 288.210 where her appeal from the Labor and Industrial Relations Commission's decision was untimely filed.
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| Ristau v. State, No. ED86918,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, May 16, 2006, Filed
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| Slane v. State, No. ED86971,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, May 16, 2006, Filed
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| State ex rel. Barnett v. Mo. State Lottery Comm'n, WD 65788,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 16, 2006, Filed
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Overview: Lottery ticket holder was not bound by a 180-day deadline because the Missouri Constitution, Mo. Rev. Stat. § 313.300 (2005), and the lottery commission's regulations and policies did not prohibit the commission from paying prize money beyond 180 days of the winning draw date; thus, judgment directing the commission to pay was affirmed.
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| State ex rel. Devlin v. Sutherland, ED87231,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, WRIT DIVISION FIVE, May 16, 2006, Filed
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Overview: Circuit court erred when it sua sponte changed venue of defendant's sodomy, rape, and molestation trial without his request; circuit court's reliance on Mo. Sup. Ct. R. 32.09(c) was misplaced, and defendant had a right to be tried where crimes took place, pursuant to U.S. Const. amend. VI, Mo. Const. art. I, § 18(a), and Mo. Rev. Stat. § 541.033.
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| State ex rel. Kemper v. Vincent, No. SC87246,
SUPREME COURT OF MISSOURI, May 16, 2006, Filed
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Overview: The constitutional prohibition of double jeopardy barred a second trial after a court-declared mistrial in a suspect's first trial for murder, arson, and assault where there was not a "manifest necessity" to grant the mistrial due to the less extreme remedy of a limiting instruction to the jury on the use of polygraph evidence being available.
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| State v. Burgin, No. ED86200,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, May 16, 2006, Filed
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Overview: Defendant's conviction for two counts of sexual misconduct involving a child in violation of Mo. Rev. Stat. § 566.083.1(1) (2000) was reversed as § 566.083.1(1) (2000) had been held to be unconstitutional by the state supreme court four days after defendant was sentenced which made his conviction void.
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| State v. Childers, No. ED87323,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, May 16, 2006, Filed
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Overview: Appellate court dismissed defendant's appeal for lack of jurisdiction because the date on which defendant requested leave to appeal as a poor person was well beyond the 10-day limitation in Mo. R. Crim. P. 30.01(d).
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