Missouri Lawyers Media Missouri legal news and public notices

Where the administrative hearing commission found that car buyers were entitled to a sales tax refund resulting from credit for four vehicles sold within 180 days of purchasing a new vehicle, the judgment is reversed because the statute only allows ...

Where a mother sought underinsured motorist coverage under three auto policies on behalf of her daughter, who was killed in an auto accident as a passenger, the plain language of two of the policies provided that the daughter was not ...

Tagged with: Named Insured Underinsured Motorist

Where the original developer of a subdivision sought to reform a deed to specify the transfer of developer rights, and the trial court entered judgment reforming the deed, and subdivision residents then sought to intervene and set aside the reformation ...

Tagged with: jurisdiction Motion To Intervene Non Parties

Where plaintiff employees failed to challenge the delegation provision of the parties’ arbitration agreements, the circuit court properly sustained defendant employer’s motion to compel arbitration on the threshold question of whether adequate consideration existed to support the parties’ arbitration agreement; ...

Tagged with: Consideration for Arbitration Agreement Discrimination and Retaliation Employment Law

Where circuit court had revoked offender’s second probationary term, it lacked authority to impose a third term and should have either extended the officer’s second term or executed his prison sentence. Had the offender’s case not been mooted, the court ...

Tagged with: Multiple New Terms of Probation Revocation of Probation

Where an offender completed and was released from a institutional treatment program, the circuit court erred by imposing a new probationary term and was authorized only to continue an existing term of probation, unless the circuit court had affirmatively manifested ...

Tagged with: Completion of Institutional Treatment Program Criminal Law Revocation of Probation

  Where a defendant in a first-degree murder case argued that his trial counsel were ineffective for failing to question a juror who said that he was a published author and whose book, which was briefly shared with other jurors, ...

Tagged with: Criminal Law effectiveness of counsel juror bias Post-Conviction Relief

  Where the state challenged a judgment that declared a restriction in an appropriations bill to be unconstitutional and that permanently enjoined the state from firing an administrative law judge targeted by the restriction, the trial court properly found that ...

Tagged with: ALJ Termination Appropriations Statute

  Where a state resident filed a declaratory judgment action against the governor and lieutenant governor, challenging the governor’s authority to appoint the lieutenant governor, the state resident had standing to proceed as a taxpayer, and the governor had plenary ...

Tagged with: Authority Civil Official Appointment Standing

  (1)Where defendant challenged his convictions for first-degree and second-degree murder, the trial court erred by refusing to submit a proposed instruction that instructed on the lesser-included offenses of second-degree murder and involuntary manslaughter because there was sufficient evidence from ...

Tagged with: Closing Arguments Criminal Law jury instructions Sudden Passion

  Where the state violated the rules of discovery in a drug case by failing to timely disclose a recorded statement made by the defendant that amounted to an admission of guilt, the defendant did not request a continuance, which ...

Tagged with: Criminal Law Discovery Violation Late Disclosure “Fundamental Unfairness”