Supreme Court of Missouri Decisions 2011
Date: December 20, 2011
Docket Number: SC91471
Justia Opinion Summary: Missouri law provides for two sales tax rates: a standard rate of four percent that applies to most retail sales, and a reduced rate of one percent that applies to some, but not all, sales of food. Krispy Kreme sought…
Date: December 20, 2011
Docket Number: SC91639
Justia Opinion Summary: JLB Corporation, a mortgage brokering service, entered into an agreement with Bonnie Hargis to refinance her home. JLB then prepared Hargis's loan application and other financial disclosure documents. JLB alleged it…
Date: December 20, 2011
Docket Number: SC91706
Justia Opinion Summary: Michael Patton filed a two-count personal injury action under the Federal Employers' Liability Act against his employer, BNSF Railway Company, alleging that BNSF negligently required him to perform heavy manual labor in…
Date: December 20, 2011
Docket Number: SC91849
Justia Opinion Summary: After a jury trial, Ines Letica was found guilty of first degree assault and armed criminal action. During voir dire, defense counsel used peremptory challenges to strike four Caucasion females from the panel, to which…
Date: December 6, 2011
Docket Number: SC91173
Justia Opinion Summary: This case involved four appeals that were consolidated because each involved the issue of whether evidence obtained in a search of a motor vehicle incident to a traffic arrest was admissible. In each case, there was no…
Date: December 6, 2011
Docket Number: SC91613
Justia Opinion Summary: Defendant was convicted by a jury of felonious restraint, deviate sexual assault, and first-degree sexual misconduct. Prior to sentencing, Defendant entered into an agreement with the State in which Defendant would plead…
Date: December 6, 2011
Docket Number: SC91695
Justia Opinion Summary: Defendant pleaded guilty to two counts of stealing property of a value of more than $500. As part of the plea agreement, Cooper waived his right to file any future motion for post-conviction relief under Mo. R. Crim. P.…
Date: November 15, 2011
Docket Number: SC91523
Justia Opinion Summary: Mahamad Ali Naji contracted with JAS Apartments to sell property that he owned together with his wife (Wife). Naji secured a preliminary title commitment from the title company, which included a preliminary title…
Date: November 15, 2011
Docket Number: SC91563
Justia Opinion Summary: Several businesses filed a petition in the circuit court challenging the validity of Mo. Rev. Stat. 573.525 to 573.540, which regulate certain aspects of sexually oriented businesses in Missouri. The businesses argued…
Date: November 15, 2011
Docket Number: SC91777
Justia Opinion Summary: Ashley Morse was arrested for driving while intoxicated. The Director of Revenue administratively suspended Morse's license for ninety days. Morse completed the suspension as well as the other requirements for…
Date: October 25, 2011
Docket Number: SC91640
Justia Opinion Summary: The City of Ferguson enacted an ordinance that made it unlawful for property owners to rent or lease their property without a rental license obtained after the owners undertook building inspections, filed affidavits…
Date: October 25, 2011
Docket Number: SC91716
Justia Opinion Summary: Child was born out of wedlock to Mother. While Mother was preparing to move to Ohio, Father filed a paternity and custody action against her. Mother subsequently moved to Ohio. The trial court awarded sole physical…
Date: October 4, 2011
Docket Number: SC91584
Justia Opinion Summary: Son was removed from Mother's custody after Mother was arrested for soliciting herself for prostitution. The trial court terminated Mother's parental rights after finding that (1) Mother had abused or neglected Son by…
Date: October 4, 2011
Docket Number: SC91498
Justia Opinion Summary: Husband and Wife divorced pursuant to a judgment entered by the trial court. As part of the judgment, Husband was required to pay Wife monthly maintenance as agreed upon by the parties in a settlement agreement. After…
Date: October 4, 2011
Docket Number: SC91283
Justia Opinion Summary: Wehrenberg, Inc. operated a restaurant-style concession offering hotdogs, pizza, and similar items at four of its movie theaters. Wehrenberg charged its customers the four percent state sales tax imposed by Mo. Rev.…
Date: August 30, 2011
Docket Number: SC91539
Justia Opinion Summary: Laclede Gas Company maintained gas lines along Pitman Hill Road in St. Charles County. Pitman Hill Road and the gas lines were located within areas established as public roads on five recorded subdivision plats. Each of…
Date: August 30, 2011
Docket Number: SC91341
Justia Opinion Summary: William Foster was convicted of capital murder, first-degree robbery, and armed criminal action. Many years later, the department of corrections informed Foster that any funds deposited into his prison account to pay for…
Date: August 30, 2011
Docket Number: SC91368
Justia Opinion Summary: The State filed a felony complaint charging Melvin Davis, a registered sex offender, with violating Mo. Rev. Stat. 566.150 for knowingly being present within 500 feet of a public park that contains playground equipment…
Date: August 2, 2011
Docket Number: SC91112
Justia Opinion Summary: After a jury trial, Reginald Griffin was found guilty of murder for the fatal stabbing of James Bausley and sentenced to life imprisonment without parole. Griffin filed a petition for a writ of habeas corpus, alleging…
Date: August 2, 2011
Docket Number: SC91025
Justia Opinion Summary: Two taxpayers filed a petition for declaratory judgment challenging the constitutional validity of Mo. Rev. Stat. 99.1205, the Distressed Areas Land Assemblage Tax Credit Act. The taxpayers claimed that the tax credits…
Date: August 2, 2011
Docket Number: SC91132
Justia Opinion Summary: The underlying dispute in this case involved a contract and tort action brought by homeowners in a subdivision against certain homebuilders, including the Kerckhoff defendants. The trial court ordered that the case be…
Date: August 2, 2011
Docket Number: SC91195
Justia Opinion Summary: Kasim Faruqi was convicted for attempted enticement of a child. Faruqi appealed, arguing (1) the trial court erred in overruling his motion to dismiss the indictment because the statute setting forth the crime of…
Date: July 19, 2011
Docket Number: SC91434_consolidated_with_SC91418
Justia Opinion Summary: On the last day of a three-year limitations period, Eric Katz filed a lawsuit alleging medical malpractice in the death of his mother. After discovery, Katz amended the petition by adding several defendants and dropping…
Date: July 19, 2011
Docket Number: SC91219
Justia Opinion Summary: Catherine Stone was employed as a nurse at a nursing facility when she physically restrained a patient in an attempt to force-feed the patient medication. The Department of Health and Senior Services placed Stone on the…
Date: July 19, 2011
Docket Number: SC91125
Justia Opinion Summary: Tiffany Lewis and Ryan Gran, neither of whom had a real estate brokerage license, founded Kansas City Premier Apartments, a business devoted to assisting owners of rental property in locating prospective renters. After…
Date: July 19, 2011
Docket Number: SC91571
Justia Opinion Summary: Clarence Burgess was charged with discharging a firearm at a building and subsequently entered an Alford plea to the charge. In exchange for his plea and the waiver of his right to file any future post-conviction relief,…
Date: July 19, 2011
Docket Number: SC91322
Justia Opinion Summary: The Public Service Commission (PSC) approved Great Plain Energy's acquisition of Aquila, a Missouri utility company. Before approval was granted, Praxair, AG Processing, and Sedalia Industrial Energy Users' Association…
Date: July 19, 2011
Docket Number: SC91454
Justia Opinion Summary: St. Louis County enacted an ordinance that established a new trash collection program in the county. Specifically, the ordinance authorized the county to establish trash collection areas in the county and allowed the…
Date: June 28, 2011
Docket Number: SC91302
Justia Opinion Summary: The State Board of Registration for the Healing Arts is an agency with the authority to register and supervise all state physicians, surgeons, and midwives. After receiving a series of letters regarding the propriety of…
Date: June 28, 2011
Docket Number: SC91427
Justia Opinion Summary: Appellant Daniel Primm was convicted of four counts of second-degree statutory rape, three counts of second-degree statutory sodomy, and three counts of misdemeanor second-degree child molestation. Each count related to…
Date: June 28, 2011
Docket Number: SC90835
Justia Opinion Summary: Plaintiff Sohrab Devitre was previously involved in a separate lawsuit in which he agreed to have an independent medical examination by Dr. Mitchell Rotman. After the conclusion of that case, Devitre sued Dr. Rotman and…
Date: June 28, 2011
Docket Number: SC91228
Justia Opinion Summary: Appellants, St. Louis County and St. Louis Convention and Visitors Commission (CVC), filed suit against Prestige Travel and numerous other online travel companies that facilitate the booking of hotel and motel rooms via…
Date: June 14, 2011
Docket Number: SC90996
Justia Opinion Summary: Tonya Lindhorst and Eric Lindhorst divorced in 1998. The dissolution decree ordered Eric to pay $1,100 monthly in child support and $1,000 monthly in maintenance. In 2003, Tonya began receiving Social Security disability…
Date: June 14, 2011
Docket Number: SC91130
Justia Opinion Summary: Plaintiffs Michelle Schaefer, Cindy Brandt, and Dale Price were charged with intoxication-related driving offenses, and each plaintiff had prior convictions for intoxication-related driving offenses. The plaintiffs filed…
Date: June 14, 2011
Docket Number: SC90980
Justia Opinion Summary: Defendant Maura Celis-Garcia was convicted by a jury of two counts of first-degree statutory sodomy. The defendant appealed, asserting that (1) the trial court violated her constitutional right to a unanimous jury…
Date: May 31, 2011
Docket Number: SC76981
Date: May 31, 2011
Docket Number: SC90925
Date: May 31, 2011
Docket Number: SC91109
Date: May 31, 2011
Docket Number: SC91109
Date: May 17, 2011
Docket Number: SC90853
Justia Opinion Summary: Appellant Anthony Brown appealed his convictions for firearms charges and second-degree murder. At trial, Appellant claimed self-defense. During closing arguments, the trial court permitted the State to use a “prop” gun…
Date: May 17, 2011
Docket Number: SC90649
Justia Opinion Summary: A jury found Appellant Donald Nash guilty of capital murder for the 1982 killing of Judy Spencer. He was sentenced to life without the possibility of parole or probation for 50 years. Appellant argued on appeal that he…
Date: May 17, 2011
Docket Number: SC91160
Justia Opinion Summary: Pamela Carothers was found in contempt of court for failing to satisfy a support judgment against her. She was not represented by counsel, and no waiver of her right to counsel appeared in the record. Although she timely…
Date: April 26, 2011
Docket Number: SC91098
Justia Opinion Summary: A young woman died from injuries she sustained after falling from a portable rock climbing wall at a minor league baseball game. Her parents sued the team's owner, who had an excess insurance policy with Respondent Great…
Date: April 26, 2011
Docket Number: SC90807
Justia Opinion Summary: Appellant Ricky Ross filed a motion challenging the constitutional validity of Missouri's second-degree statutory rape statute. He was convicted and sentenced under this statute. On the day his case was set for trial,…
Date: April 12, 2011
Docket Number: SC90618
Date: April 12, 2011
Docket Number: SC91138
Date: April 12, 2011
Docket Number: SC90830
Date: March 29, 2011
Docket Number: SC91117
Date: March 29, 2011
Docket Number: SC90971
Date: March 1, 2011
Docket Number: SC90978
Date: March 1, 2011
Docket Number: SC91066
Date: March 1, 2011
Docket Number: SC90732
Date: March 1, 2011
Docket Number: SC90963
Date: March 1, 2011
Docket Number: SC90775
Date: March 1, 2011
Docket Number: SC91013
Date: March 1, 2011
Docket Number: SC90582
Date: February 8, 2011
Docket Number: SC91010
Date: February 8, 2011
Docket Number: SC90944
Date: February 8, 2011
Docket Number: SC91186
Date: February 8, 2011
Docket Number: SC90912
Date: January 25, 2011
Docket Number: SC90708
Date: January 25, 2011
Docket Number: SC91141
Date: January 25, 2011
Docket Number: SC90762
Date: January 25, 2011
Docket Number: SC90681
Date: January 11, 2011
Docket Number: SC90738
Date: January 11, 2011
Docket Number: SC90699
Date: January 11, 2011
Docket Number: SC90839
Date: January 11, 2011
Docket Number: SC90988
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