Free Newsletter
Administration: State Parking Statutes-Constitutionality
Several individuals filed seeking declaratory judgment that several state parking laws and a city ordinance were unconstitutional. The city filed a cross-claim against the state seeking to declare the state parking laws unconstitutional or invalid. The trial court granted summary judgment to the city on its cross-claim; the trial court later granted partial summary judgment […]
Criminal Law: Use of Firearm in Furtherance of Crime-Crime of Violence-Constitutionality
CDefendant pleaded guilty to using a firearm in furtherance of a crime. The underlying crime of violence was aiding and abetting armed robbery of controlled substances. On appeal, defendant challenged whether the residual-clause definition of “crime of violence” was unconstitutionally vague. Where courts had defined “intimidation” as the “threat of force,” aiding and abetting armed [&h[...]
Criminal Law: Indecent Exposure to a Child-Constitutionality-Criminalization of Legal Conduct
Defendant challenged his charge of sexual misconduct involving a child by indecent exposure, following an alleged consensual sexual encounter between defendant, then 18 years old, and defendant’s 14-year-old girlfriend. Defendant argued that the statute was unconstitutional as applied because it criminalized otherwise legal conduct given the ages of defendant and his girlfriend. The trial court [...]
Municipal : City Ordinances – Payroll Tax – Constitutionality
Neuner v. City of St. Louis (MLW No. 71045/Case No. ED105125 – 28 pages) (Missouri Court of Appeals, Eastern District, Hess, J.)
Probate : Sexually Violent Predator – Civil Commitment – Constitutionality
In the Matter of the Care and Treatment of Jay Nelson v. State (MLW No. 70710/Case No. SC95975 – 11 pages) (Supreme Court of Missouri, Wilson, J.; Breckenridge, C.J., Fischer, Stith, Draper and Russell, JJ., concur. Powell, J., not participating)
Probate : Sexually Violent Predator – Civil Commitment – Constitutionality
In the Matter of the Care and Treatment of Carl Kirk v. State (MLW No. 70711/Case No. SC95752 – 31 pages) (Supreme Court of Missouri, Wilson, J.; Breckenridge, C.J., Fischer, Stith, Draper and Russell, JJ., concur. Powell, J., not participating)
Municipal : Non-Smoking Ordinance – ‘Billiard Parlor’ – Constitutionality
City of St. Joseph v. Leer (MLW No. 68437/Case No. WD78450 – 12 pages) (Missouri Court of Appeals, Western District, Ellis, J.)
Elections : Initiative Petition – Constitutionality
Kuehner v. Kander (MLW No. 66961/Case No. WD77899 – 14 pages) (Missouri Court of Appeals, Western District, Newton, J.)
Municipal : Red Light Ordinance – Constitutionality – Adequate Remedy
Ballard v. City of Creve Coeur (MLW No. 65574/Case No. ED98320 – 25 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.)
Civil Practice: Preliminary Injunction – Drug Testing Program – Constitutionality
Barrett v. Claycomb (MLW No.64611/Case No. 12-1001 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.)
Criminal Law: Statute Of Limitations – Constitutionality – Commencement Of Prosecution
State v. Mixon (MLW No. 64363/Case No. SC92230 – 8 pages) (Supreme Court of Missouri, Fischer, J.; Teitelman, C.J., Russell, Breckenridge, Stith and Draper, JJ., concur)
Criminal Law: Habeas Relief – Exculpatory Evidence Rule – Constitutionality
Armstrong v. Hobbs (MLW No. 64326/Case No. 11-1049 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.)
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
- 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
- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
