Appellate court OKs bank’s overdraft fee program
A bank’s overdraft fee program did not violate the state’s usury statute, according to the Missouri Court of Appeals. The Western District’s recent decision for Hawthorn Bank in a class action found that the bank provided valuable services to its customers in connection with the fee. The appellate court also agreed with the lower court […]
High court disciplines four lawyers
The Missouri Supreme Court on Tuesday suspended two Missouri attorneys and disbarred two out-of-state attorneys. The court suspended Cass County attorney Theodore R. Hoefle for six months and Clinton attorney Richard Tillman Nichols for two years. Eldon L. Boisseau, of Wichita, was disbarred after he was sentenced to serve 30 months in prison for tax […]
New exception found for post-conviction deadline
The Missouri Supreme Court has recognized a “new, limited exception” to the rule that post-conviction motions can’t be filed late: when the judge tells the defendant the wrong deadline.
Talk at public defender training describes harsh reality of prison
Josh Kezer, who was released from prison in 2009 after serving 16 years for a murder he didn’t commit, stood before a crowd gathered for a criminal defense training session and described the horrors he experienced while serving time.
Supreme Court clarifies post-conviction deadline
In a carefully parsed opinion, the Missouri Supreme Court has clarified the point at which a public defender is considered to have taken on a post-conviction case, while indicating that the rule governing such appointments might need to be revised. Under Court Rule 29.15, attorneys for convicted defendants seeking post-conviction relief have 60 days to […]
Powell’s appointment shows little drama over court plan
If Gov. Eric Greitens continues to harbor doubts about the Nonpartisan Court Plan, his first appointment to the Missouri Supreme Court didn’t show it. On Tuesday, Greitens announced W. Brent Powell, a circuit judge in Jackson County, would fill the vacancy left by the death last November of Judge Richard B. Teitelman. Powell was the […]
Supreme Court upholds dismissal of puppy mill case
A Missouri Supreme Court ruling Tuesday affirmed that statements by an animal welfare group in the context of a political campaign were immune to a defamation and invasion of privacy suit filed by the mother of a congressman. In a 6-0 decision authored by Chief Justice Patricia Breckenridge, the court found the dismissal of Mary […]
Appeals court reverses drug conviction
The Eastern District Court of Appeals on Tuesday overturned the conviction of a man charged with allegedly injecting a prescribed drug at a hospital instead of taking it orally. Joshua Graham appealed his conviction and sentence for possession of a controlled substance and unlawful use of drug paraphernalia. The case is based on an October […]
Powell named to Missouri Supreme Court
Brent Powell, currently a circuit judge in Jackson County, will be the Missouri Supreme Court’s newest judge.
Lawyers see golf as chance to relax, network
Whether with clients or colleagues, Missouri attorneys say golf is a good chance to take a break from the stressful legal environment to unwind and have more casual conversations. Bob Tomaso, a partner at Husch Blackwell, said he learned to play golf in law school. He later joined a club, and when he and his […]
Confusion over co-worker liability gets long hearing
Having upended the long-held understanding of when an employee can sue a coworker for a workplace injury just last year, the Missouri Supreme Court is now trying to determine where the rubber meets the road — or, as the case often seems to be, where the forklift meets the rock.
Former Jackson County corrections officers indicted
Four former corrections officers at the Jackson County Detention Center have been indicted by a federal grand jury for the assault of an inmate.
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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