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PHILLIPS v. EDMUNDSON

No. SC 88442.

240 S.W.3d 691 (2007)

Murlin R. PHILLIPS, Appellant, v. Jasper N. EDMUNDSON, Jr., et al., Respondents.

Supreme Court of Missouri, En Banc.

December 18, 2007.

Attorney(s) appearing for the Case

Murlin R. Phillips, Jefferson City, pro se.

Jeremiah W. (Jay) Nixon, Atty. Gen., Paul Harper, Asst. Atty. Gen., Jefferson City, for amicus curiae Murlin R. Phillips, pro se.

J. Brian Baehr, Columbia, Curtis Poore, Cape Girardeau, for Respondents.

MARY R. RUSSELL, Judge.

The issue before the Court is whether an inmate may sue in his own name or whether a trustee must first be appointed to represent his estate. This Court finds that chapter 460, RSMo 2000,1 permits, but does not require the appointment of a trustee.

Murlin R. Phillips ("Inmate"), an inmate serving a life sentence in the Missouri Department of Corrections, filed a legal malpractice action against Jasper N...

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