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Constitutional Law: First Amendment-Lobbyist Registration Law-Uncompensated Individual
Where an appellant, who frequently contacts Missouri legislators to discuss political issues, often in connection with his work with a nonprofit corporation, challenged a law requiring him to register as a legislative lobbyist, the state failed to show that applying the law to the appellant was substantially related to the state’s anti-corruption interest because the […]
Juvenile Law: School Search-Reasonable Suspicion
Where a juvenile, who was convicted of the unlawful use of a weapon, argued that a search of his bag by school officials was unconstitutional, the judgment is affirmed because reasonable suspicion supported the search, and the search was reasonably related in scope to the circumstances that justified the search in the first place. Judgment […]
Constitutional Law: Senate Bills-Constitutional Validity-Single-Subject Requirement
Where a taxpayer challenged the constitutional validity of Senate Bill 638 and 665, arguing that the bills violated the state’s procedural requirements, the trial court did not err in finding that the bills complied with the original purpose and single subject requirements, and the judgment is affirmed because the court also did not err in […]
Juvenile Law: School Search Policy-Backpack Search-Fourth Amendment
Where a juvenile challenged a finding that he committed the offense of unlawful use of a weapon when he brought a gun into a public high school, arguing that a suspicionless search of his backpack violated his Fourth Amendment rights, the juvenile court did not err in denying the motion to suppress because the search […]
Constitutional Law: First Amendment-Bar Dues-Use of Compulsory Dues
Plaintiff filed suit against defendants, alleging the North Dakota bar’s use of his compulsory bar dues to oppose a state ballot measure he supported violated his First Amendment rights. Following the U.S. Supreme Court’s decision in Janus v. American Federation of State, County and Municipal Employees, 138 S.Ct. 2448, the court reconsidered its decision to […]
Constitutional Law: Zoning-First Amendment-Adult-Business Restriction
Where an adult-oriented business challenged the constitutionality of an Arkansas zoning law that prevented it from opening within 1,000 feet of schools and places frequented by children, the business did not engage in speech and so could not state a First Amendment claim, and the zoning law was not unconstitutionally vague and did not violate […]
Constitutional Law: Sixth Amendment-Civil Commitment-Self Representation
Where appellant claimed to have a Sixth Amendment and statutory right to proceed pro se when seeking discharge from a civil commitment, the denial of the motion is affirmed because the Sixth Amendment applies only in criminal prosecutions, and the specific requirements of Section 4247(h) control over the general statutory right to proceed pro se. […]
Elections: Voter ID Laws-Residential Address Requirement-Unconstitutional Burden on Native Americans
Plaintiffs, six Native Americans, filed suit to challenge North Dakota’s voter ID law, which required voters to present an ID containing their current residential address, or to supplement their ID with other certain documents. Plaintiffs argued the law placed an unconstitutional burden on Native American voters. The district court granted plaintiffs’ request for an injunction. […]
Elections: Referendum Petition Sample Sheet-Authority
Where the ACLU submitted a referendum petition sample sheet that was rejected by the secretary of state on constitutional grounds, the secretary of state’s authority to review a sample sheet for sufficiency did not extend to determining compliance with the constitution, and the secretary was obligated to approve the sample sheet as sufficient because there […]
Environmental Law: Validity of Bill-Composition of Commission-Standing
Where the Missouri Coalition for the Environment and one of its members challenged the constitutional validity of a bill that would change the composition of the state’s clean water commission, the trial court properly dismissed the petition because the coalition did not show that it had standing to bring the claim. Dismissal affirmed. Coalition for […]
Constitutional Law: Municipal Ordinance-Yard Signs
Where a property owner moved to preliminarily enjoin the enforcement of a city ordinance that restricted the numbers of signs displayed on private property, the ordinance is a content-based regulation, and the city’s interests in traffic safety and aesthetics were not compelling, so the ordinance could not satisfy strict scrutiny, and the judgment denying the […]
Constitutional : First Amendment – Political Action Committee – Contributions
Free and Fair Election Fund v. Missouri Ethics Commission (MLW No. 72105/Case No. 17-2239 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)
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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