Free Newsletter
Employer – Employee: Juror Misconduct – Wrongful Discharge – Public Policy
Fleshner v. Pepose Vision Institute, P.C. (Case No. SC90032 – 25 pages) (1)Where jurors in a wrongful termination trial reported anti-Semitic statements allegedly made by one of the jurors during deliberations, the comments showed religious and ethnic bias and denied the parties their right to fair and impartial jurors, so the trial court must hold […]
Employer – Employee: Wrongful Discharge – Public Policy -Whistleblower Claim
Margiotta v. Christian Hospital Northeast, et al. (Case No. SC90249 – 14 pages) Where a medical technician, who was an at-will employee, brought a wrongful discharge action arguing that he was fired for reporting safety violations in violation of public policy, summary judgment for the employer is affirmed because the technician did not show that […]
Insurance: Business Pursuits Exclusion – Ambiguity – Post-Judgment Interest
Burns v. Farmers Alliance Mutual Insurance Company of Kansas (MLW No. 60136/Case No. SC90041 – 15 pages) (1)Where a plaintiff sought to recover a $2 million personal injury judgment from the personal injury defendant’s insurer, the trial court properly found that a policy exclusion for injuries arising out of business pursuits did not apply to […]
Criminal Law: Confinement – Felony Failure To Return – Sufficiency Of Evidence
State v. Moore (MLW No. 60135/Case No. SC90125 – 13 pages) Where a defendant was charged with felony failure to return to confinement when he returned six days late to jail after he was released temporarily by his sentencing judge, opinion testimony by the sentencing judge was not prejudicial, and the defendant’s conviction is affirmed […]
Criminal Law: Death Penalty – Proportionality Review -‘Similar Cases’
State v. Deck (MLW No. 60138/Case No. SC89830 – 64 pages) (1)Where a defendant in a death penalty case argued that he was entitled to life in prison under a statute requiring mandatory re-sentencing to a life term when the death penalty is unconstitutionally imposed, the trial court errors in the defendant’s earlier trial involved […]
Criminal Law: Death Penalty – Mental Retardation -Documentation
State ex rel. Lyons v. Lombardi (MLW No. 60137/Case No. SC88625 – 6 pages) Where a defendant who was convicted of first-degree murder and sentenced to death argued that he is mentally retarded, substantial evidence supported the findings by a special master that the defendant had intellectual functioning that was significantly below average, that he […]
Insurance: Anti-Stacking Provisions – ‘Operator’s Policy’ – MVFRL
Karscig v. McConville (MLW No. 60084/Case No. SC90080 – 11 pages) (Supreme Court of Missouri, Price, J.; all concur) Where a plaintiff injured in an auto accident sought coverage in addition to the $25,000 he received from an “owner’s policy” issued to the parents of the negligent driver, who was driving one of two cars […]
Criminal Law: Sentencing – Habeas Relief – Consecutive Sentence
State ex rel. Anthony Zinna v. Steele (MLW No. 60085/Case No. SC90000 – 13 pages) (Supreme Court of Missouri, Stith, J.; all concur) Where a trial court did not state whether a defendant’s sentence was to run concurrently or consecutively to his prior sentence and the court later entered a written judgment making the sentence […]
Criminal Law: Parole Services – Fee – Retrospective Law
Jackson v. Board of Probation and Parole (MLW No. 60083/Case No. SC90113 – 2 pages) (Supreme Court of Missouri, per curiam) Where a former inmate was required to pay a fee after being released on parole, the fee authorized by Section 217.690 did not violate the state constitution as a retrospective law because it is […]
Criminal Law: DWI – Persistent Offender Status- Additional Evidence
State v. Severe (Case No. SC89948 – 19 pages) (Supreme Court of Missouri, Wolff, J.; Teitelman, Russell, Fischer and Stith, JJ., concur; Breckenridge, J., dissents in separate opinion filed; Price, C.J., concurs in opinion of Breckenridge, J.) Where a trial court found a drunk driver to be a persistent DWI offender based on a misdemeanor […]
Constitutional: Sex Offender Conduct – Halloween Prohibitions – Retrospective Application
F.R. v. St. Charles County; State v. Raynor (MLW No. 60086/Case No. SC89834/SC90164 – 28 pages) (Supreme Court of Missouri, Wolff, J.; Teitelman, Breckenridge and Stith, JJ., concur; Russell, J., dissents in separate opinion filed; Price, C.J., and Fischer, J., concur in opinion of Russell, J.) Where convicted sex offenders brought constitutional challenges to a […]
Insurance: Anti-Stacking Provisions – ‘Operator’s Policy’- MVFRL
Karscig v. McConville (Case No. SC90080 – 11 pages) Where a plaintiff injured in an auto accident sought coverage in addition to the $25,000 he received from an “owner’s policy” issued to the parents of the negligent driver, who was driving one of two cars owned and insured by the parents, the trial court erred […]
Latest Opinion Digests
- 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
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
Top stories
- Medical privacy violation different than medical malpractice, reversal says
- Man, surrogate should have known child did not share his genes
- Friends on the court: The changing dynamics of Supreme Court justices’ relationships
- Supreme Court hears challenge to KC police funding
- Missouri Lawyers Media’s legal coverage commended
- Cole County prosecutor loses third Sunshine Law appeal
- Supreme Court weighs lagging symptoms in work comp case
- New accommodation rights for pregnant workers offer broad protections
