Supreme Court of Missouri Decisions 2013

State v. Wade  
Date: December 24, 2013
Docket Number: SC92382

Justia Opinion Summary: In this consolidated appeal, three defendants challenged their charges under Mo. Rev. Stat. 566.150, which prohibits any individual who has been found guilty of various sex offenses from being present in five hundred fee...

State v. Ousley  
Date: December 24, 2013
Docket Number: SC93074

Justia Opinion Summary: After a jury trial, Appellant was convicted of forcible rape and sentenced to fifteen years' imprisonment. Appellant appealed, arguing, among other things, that the trial court erred in excluding his mother and grandmoth...

Farish v. Dep't of Corr.  
Date: December 24, 2013
Docket Number: SC93366

Justia Opinion Summary: Appellant, an inmate of the Missouri Department of Corrections (MDOC), brought a declaratory judgment action claiming he was entitled to additional jail time credit against his sentence for (1) time he spent in custody i...

Blue Springs R-IV Sch. Dist. v. Sch. Dist. of Kansas City  
Date: December 10, 2013
Docket Number: SC92932

Justia Opinion Summary: In 2011, the State Board of Education voted to classify the Kansas City Public Schools (KCPS) district as "unaccredited", which required accredited school districts to accept transfer of KCPS's students pursuant to Mo. R...

State v. Blankenship  
Date: December 10, 2013
Docket Number: SC93084

Justia Opinion Summary: After a trial, Defendant was convicted of one count of attempted use of a child in a sexual performance in violation of Mo. Rev. Stat. 568.080. Defendant appealed, arguing, among other things, that his constitutional rig...

State v. Carter  
Date: December 10, 2013
Docket Number: SC93333

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree assault and armed criminal action. The Supreme Court affirmed the trial court's judgment, holding (1) Defendant did not meet his burden of demonstrating that th...

State v. Hillman  
Date: December 10, 2013
Docket Number: SC93435

Justia Opinion Summary: After a jury trial, Defendant was convicted of unlawful distribution of a controlled substance to a minor and attempted statutory sodomy in the second degree. The trial court imposed an aggregate sentence of nine years'...

State v. Honeycutt  
Date: November 26, 2013
Docket Number: SC92229

Justia Opinion Summary: The State charged Defendant with unlawful possession of a firearm in violation of Mo. Rev. Stat. 571.070.1(1). Under a 2008 amendment to the statute, a defendant commits unlawful possession of a firearm if he has been co...

McIntosh v. State  
Date: November 26, 2013
Docket Number: SC93118

Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree statutory sodomy. Appellant's conviction was confirmed on appeal. Appellant filed a pro se motion for post-conviction relief, alleging that he received ineffect...

State ex rel. Dep't of Social Servs. v. Tucker  
Date: November 26, 2013
Docket Number: SC93187

Justia Opinion Summary: In this dissolution of marriage action involving child custody, Father moved the trial court to order the Department of Social Services to release all records concerning the children, including the identity of persons wh...

Zweig v. Metro. St. Louis Sewer Dist.  
Date: November 12, 2013
Docket Number: SC92581

Justia Opinion Summary: After the Metropolitan St. Louis Sewer District (MSD) implemented a stormwater user charge without prior voter approval, William Zweig and other named plaintiffs, on behalf of themselves and a class of similarly situated...

McNeal v. State  
Date: November 12, 2013
Docket Number: SC92615

Justia Opinion Summary: After a jury trial, Appellant was convicted of burglary in the second degree and stealing. The convictions were affirmed on direct appeal. Appellant subsequently filed a motion for post-conviction relief alleging that tr...

State Treasurer as Custodian of the Second Injury Fund v. Witte  
Date: November 12, 2013
Docket Number: SC92834

Justia Opinion Summary: These consolidated appeals concerned four separate decisions of the Labor and Industrial Relations Commission that determined the Second Injury Fund was liable for compensation to injured claimants. On appeal, the Fund c...

Loren Cook Co. v. Dir. of Revenue  
Date: November 12, 2013
Docket Number: SC93061

Justia Opinion Summary: At issue here was whether the sale of an aircraft and subsequent purchase of another from different entities can be considered a "trade-in" for purposes of the "taken in trade" tax exemption under Mo. Rev. Stat. 144.025...

Glossip v. Mo. Dep't of Transp. & Highway Patrol Employees' Ret. Sys.  
Date: October 29, 2013
Docket Number: SC92583

Justia Opinion Summary: Appellant, the same-sex partner of a highway patrolman who was killed in the line of duty, applied for survivor benefits under Mo. Rev. Stat. 104.140.3, which provides survivor benefits to the surviving spouse of a highw...

Featherston v. Dir. of Revenue  
Date: October 15, 2013
Docket Number: SC93048

Justia Opinion Summary: In 2002, Respondent purchased an airplane from an estate. In 2010, the Director of Revenue determined that Respondent should have paid use taxes because he had not paid sales tax on the purchase and because he stored the...

Schweich v. Nixon  
Date: October 1, 2013
Docket Number: SC92750

Justia Opinion Summary: After the Missouri Governor allegedly withheld certain monies from the 2012 fiscal year state budget for the Legislature, the Supreme Court, and the Auditor's office, the state Auditor filed a declaratory judgment action...

Roe v. Replogle  
Date: October 1, 2013
Docket Number: SC92978

Justia Opinion Summary: In 1994, Appellant pleaded guilty to sodomy. Congress subsequently passed the federal sex offender registration act (SORNA), which required individuals such as Appellant to register as sex offenders. Before SORNA was ena...

State v. Harris  
Date: October 1, 2013
Docket Number: SC93170

Justia Opinion Summary: In 2001, Respondent pleaded guilty to the class B felony of possession of a controlled substance with intent to distribute. In 2011, Respondent was indicted for knowingly and unlawfully possessing a .38 caliber revolver...

St. Louis County vs. River Bend Estates Homeowners' Association  
Date: September 10, 2013
Docket Number: SC92470

Justia Opinion Summary: St. Louis County appealed a judgment awarding property owners damages from the taking of their real properties by eminent domain. The County claimed the judgment should have been reversed because the trial record was ina...

Hoover vs. Mercy Health  
Date: September 10, 2013
Docket Number: SC92788

Justia Opinion Summary: Appellant Richard Hoover appealed the dismissal of his individual and class action lawsuit against defendants doing business as St. John's Mercy Medical Center. He asserted that the trial court erred in dismissing his pe...

Smith vs. Brown & Williamson Tobacco Corporation  
Date: September 10, 2013
Docket Number: SC92961

Justia Opinion Summary: The survivors of Barbara Smith appealed a punitive damage award of $1.5 million against the Brown & Williamson Tobacco Corporation. The Smiths contended that certain evidence admitted by the trial court was outside the c...

Farrow v. St. Francis Med. Ctr.  
Date: August 27, 2013
Docket Number: SC92793

Justia Opinion Summary: Plaintiff, who was formerly employed by Hospital, brought an eight-count petition against Hospital and Doctor (collectively, Defendants) alleging violations of the Missouri Human Rights Act (the MHRA) and other common la...

In re: Lawrence Joseph Hess, Respondent.
Date: August 27, 2013
Docket Number: SC92923
State v. Shockley  
Date: August 13, 2013
Docket Number: SC90286

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder. After the jury was unable to agree on punishment, the trial court conducted an independent review of the facts pursuant to Mo. Rev. Stat. 565.030.4 and...

Humane Society of the United States v. State  
Date: August 13, 2013
Docket Number: SC92851

Justia Opinion Summary: In 1992, Mo. Rev. Stat. 273.327 was enacted, requiring persons engaged in commercial animal care to obtain a license and exempted pounds and animal shelters from paying annual licensing and per-capita fees. In 2010, the...

Saint Charles County v. Dir. of Revenue  
Date: August 13, 2013
Docket Number: SC92853

Justia Opinion Summary: Saint Charles County was the sole owner and operator of the Saint Charles County Family Arena (Arena). After collecting taxes for several years on the fees, charges, and sales at the Arena, the County sought a refund for...

Columbia Cas. Co. v. HIAR Holding, LLC  
Date: August 13, 2013
Docket Number: SC93026

Justia Opinion Summary: A class of Plaintiffs brought suit against Insured, a hotel proprietor, alleging that Insured violated the Telephone Consumer Protection Act (TCPA). The class and Insured subsequently reached a settlement. The class then...

Chochorowski v. Home Depot U.S.A.  
Date: July 30, 2013
Docket Number: SC92594

Justia Opinion Summary: Plaintiff rented a garden tiller from Home Depot by signing a tool rental agreement. Plaintiff subsequently filed a class-action lawsuit against Home Depot, claiming that it violated the Missouri Merchandising Practices...

Office of Pub. Counsel v. Mo. Pub. Serv. Comm'n  
Date: July 30, 2013
Docket Number: SC92964

Justia Opinion Summary: Atmos Energy Corporation, a local distributing company, contracted with independent gas marketing companies to purchase natural gas then delivered gas to customers through local pipelines. Following an audit, Missouri Pu...

State v. Nathan  
Date: July 30, 2013
Docket Number: SC92979

Justia Opinion Summary: After a jury trial, Defendant was found guilty of twenty-six counts of first-degree murder, burglary, and related crimes for actions he took during a robbery and home invasion when he was sixteen years old. The trial cou...

State ex rel. Sitton v. Norman  
Date: July 30, 2013
Docket Number: SC93020

Justia Opinion Summary: After a jury trial, Defendant was convicted of involuntary manslaughter in the first degree and armed criminal action. Defendant subsequently filed a petition for a writ of habeas corpus, claiming that the trial court's...

State v. Hart  
Date: July 30, 2013
Docket Number: SC93153

Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree murder, first-degree robbery, and two counts of armed criminal action for shooting a killing a victim during the second of two robberies he committed when he...

Johnson v. State  
Date: July 16, 2013
Docket Number: SC92448

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder and sentenced to death. Defendant subsequently filed a motion for post-conviction relief. The motion court denied the motion after an evidentiary hearing...

PF Golf, LLC v. Dir. of Revenue  
Date: July 16, 2013
Docket Number: SC92663

Justia Opinion Summary: Plaintiff owned and operated a public golf course and rented golf carts to golfers. The director of revenue issued an assessment of unpaid sales taxes on the golf cart rentals, finding that because the cart rentals were...

Goins v. Goins  
Date: July 16, 2013
Docket Number: SC92672

Justia Opinion Summary: The marriage of Husband and Wife was dissolved in 2003. In 2005 and 2006, the trial court reduced Husband's child support obligations and made no change to his maintenance obligation. While Husband's second appeal was pe...

Bd. of Managers of Parkway Towers Condo. Ass'n v. Carcopa  
Date: July 16, 2013
Docket Number: SC92805

Justia Opinion Summary: Trish Carcopa purchased a unit in Parkway Towers, a condominium, and later executed a quit claim deed conveying the unit to herself and Nicole Carcopa. Nicole subsequently executed an adjustable rate note that was a refi...

Bair v. Faust  
Date: July 16, 2013
Docket Number: SC92904

Justia Opinion Summary: Plaintiff brought suit against Defendant for the injuries she sustained in an automobile accident. Plaintiff was not present during voir dire or at the beginning of the second morning of trial before opening statements c...

Bone v. Dir. of Revenue  
Date: July 16, 2013
Docket Number: SC93047

Justia Opinion Summary: Driver was arrested for driving while intoxicated (DWI). The Director of Revenue (DOR) subsequently suspended Driver's license and disqualified him from driving a commercial motor vehicle. Driver filed a petition for a t...

Eastburn v. State  
Date: June 25, 2013
Docket Number: SC92927

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder and sentenced to life imprisonment. The court of appeals affirmed Defendant's conviction and denied her motion for post-conviction relief. Approximately...

State v. Jeffrey  
Date: June 25, 2013
Docket Number: SC93172

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of sexual misconduct involving a child pursuant to Mo. Rev. Stat. 566.083 and two counts of attempted sexual misconduct involving a child. The convictions arose f...

Anderson v. State  
Date: June 11, 2013
Docket Number: SC92101

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of first-degree murder and was sentenced to death for one of the murders. The Supreme Court reversed the death sentence and remanded the case for a retrial of the...

Johnson v. JF Enters., LLC  
Date: June 11, 2013
Docket Number: SC92539

Justia Opinion Summary: In 2007, Anita Johnson purchased a vehicle from a dealership operated by JF Enterprises. Johnson signed numerous documents at a single sitting, including a retail installment contract and a one-page arbitration agreement...

State v. Holmes  
Date: June 11, 2013
Docket Number: SC92648

Justia Opinion Summary: After a trial, Defendant was convicted of misdemeanor criminal nonsupport. Defendant appealed, contending that the trial court erred in overruling his motion for judgment of acquittal claiming Mo. Rev. Stat. 568.040 viol...

Breitenfeld v. Sch. Dist. of Clayton  
Date: June 11, 2013
Docket Number: SC92653

Justia Opinion Summary: After the St. Louis Public School District (SLPS) became unaccredited in 2007 and was operated by the Transitional School District of St. Louis, some parents sought to have their children obtain Mo. Rev. Stat. 167.131 tr...

Eilian v. Dir. of Revenue  
Date: June 11, 2013
Docket Number: SC93075

Justia Opinion Summary: The Director of Revenue determined that Jonathan Eilian underpaid his 2006 Missouri taxes because he used his federal "net operating loss" (NOL) to offset income that was taxable under Missouri law but not taxable under...

Steele v. Shelter Mut. Ins. Co.  
Date: May 28, 2013
Docket Number: SC92520

Justia Opinion Summary: Plaintiff's young son was injured by an uninsured motorist while he was a passenger in his daycare provider's van. Plaintiff filed a petition on behalf of her son against the daycare provider's insurance company, Shelter...

State ex rel. Jackson v. Circuit Court  
Date: May 28, 2013
Docket Number: SC92717

Justia Opinion Summary: A port authority sought to purchase a parcel of land owned by trustees of a family trust. After negotiations failed, the port authority filed a petition for condemnation of the parcel. The trustees argued that the sole p...

Swallow v. State  
Date: May 14, 2013
Docket Number: SC92432

Justia Opinion Summary: Defendant pleaded guilty to first degree assault and armed criminal action (ACA). Defendant subsequently filed a motion for post-conviction relief pursuant to Mo. R. Crim. P. 24.035, alleging ineffective assistance of co...

Soehlke v. Soehlke  
Date: May 14, 2013
Docket Number: SC92872

Justia Opinion Summary: The marriage of Father and Mother was dissolved in 2005, and Father and Mother were awarded joint legal and physical custody of their only child. In 2008, the trial court modified the custody and support provisions of th...

U.S. Dep't of Veterans Affairs v. Boresi  
Date: April 30, 2013
Docket Number: SC92541

Justia Opinion Summary: Veteran filed a claim for workers' compensation benefits alleging that he sustained an injury during the course of his employment with Employer. Veteran received care and treatment for that injury at a United States Depa...

Smith v. City of St. Louis  
Date: April 9, 2013
Docket Number: SC92646

Justia Opinion Summary: The City of St. Louis passed ordinances authorizing a redevelopment plan proposed by Northside Regeneration. Plaintiffs filed a petition requesting a preliminary judgment to prevent the City and Northside from moving for...

Ward v. W. County Motor Co., Inc.  
Date: April 9, 2013
Docket Number: SC92675

Justia Opinion Summary: Plaintiffs filed suit against West County Motor Company for violation of the Missouri Merchandising Practices Act (MMPA) and for conversion. Each plaintiff paid a deposit to West County to secure the purchase of a vehicl...

Billings v. Div. of Employment Sec.  
Date: April 9, 2013
Docket Number: SC92682

Justia Opinion Summary: Appellants Reva Billings and William Morrison worked at a Western Union Financial Services (Western Union) call center in Bridgeton. On July 3, 2008, Western Union advised Billings that she would be laid off on July 20 a...

Berry v. Volkswagen Group of Am., Inc.  
Date: April 9, 2013
Docket Number: SC92770

Justia Opinion Summary: Darren Berry filed suit against Volkswagen, alleging violations of the Missouri Merchandising Practices Act (MMPA). The trial court certified a class on behalf of Missouri owners and lessors of Volkswagen vehicles (Class...

Badahman v. Catering St. Louis  
Date: April 9, 2013
Docket Number: SC92796

Justia Opinion Summary: Employee was terminated from her employment after her driver's license was suspended due to her epilepsy. Employee filed this action against Employer, alleging discrimination and retaliation in violation of the Missouri...

Coyne v. Edwards  
Date: March 25, 2013
Docket Number: SC93194

Justia Opinion Summary: Respondent filed a declaration of candidacy to run for the position of Director of Community Fire Protection District (Community Fire). Community Fire accepted Respondent's declaration of candidacy, but Respondent was su...

Mo. Roundtable for Life, Inc. v. State  
Date: March 19, 2013
Docket Number: SC92455

Justia Opinion Summary: This appeal involved Missouri Senate Bill No. 7 (SB 7), which enacted fourteen new sections relating to science and innovation, with a contingent effective date. Section B of the Act hinged the effectiveness of SB 7 upon...

Wells Fargo Bank, N.A. v. Smith  
Date: March 19, 2013
Docket Number: SC92649

Justia Opinion Summary: Appellants lost their home in a foreclosure sale. When Appellants failed to vacate the home, Wells Fargo Bank, the foreclosure purchaser, sued for unlawful detainer. Appellants raised equitable defenses and counterclaims...

Doe v. Quest Diagnostics, Inc.  
Date: March 19, 2013
Docket Number: SC92790

Justia Opinion Summary: After John Doe's HIV test results were sent by Quest to the church where Doe worked as personal assistant to the pastor, Doe filed suit against Quest Diagnostics Clinic Laboratories (Quest Laboratories) and its parent, Q...

State v. Hicks  
Date: February 26, 2013
Docket Number: SC92402

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree robbery, forcible rape, attempted forcible rape, and forcible sodomy. Defendant appealed, claiming (1) the trial court erred in admitting into evidence his incr...

State ex rel. St. Charles County v. Circuit Court  
Date: February 26, 2013
Docket Number: SC92469

Justia Opinion Summary: In 2008, St. Charles County and Laclede Gas Company entered into litigation disputing which party would bear the expense of relocating Laclede Gas' lines due to the County's road project. The circuit court entered summar...

Bateman v. Rinehart  
Date: February 26, 2013
Docket Number: SC92486

Justia Opinion Summary: In 2001, Taxpayers bought two parcels located within a residential subdivision that was zoned residential. In 2009, the county assessor reclassified the property from residential to agricultural. The assessor assumed a c...

State v. McFadden  
Date: January 29, 2013
Docket Number: SC89429

Justia Opinion Summary: After a jury trial, Plaintiff was found guilty of first-degree murder and armed criminal action. The circuit court sentenced Defendant to death. The Supreme Court affirmed the judgment, holding (1) the trial court did no...

Garozzo v. Mo. Dep't of Ins., Div. of Fin.  
Date: January 29, 2013
Docket Number: SC92152

Justia Opinion Summary: In 2010, the General Assembly enacted the Missouri Secure and Fair Enforcement Mortgage Licensing Act (Missouri SAFE Act), which provides that the director of the Missouri Division of Finance shall not issue a mortgage l...

Estate of Austin v. Snead  
Date: January 29, 2013
Docket Number: SC92388

Justia Opinion Summary: Allegations of sexual abuse were made against Allen Austin (Decedent) in 2006. Decedent died in 2009. A personal representative of Decedent's estate failed to provide actual notice of the probate proceeding to the childr...

Travelers Prop. Cas. Co. of Am. v. Manitowoc Co., Inc.  
Date: January 29, 2013
Docket Number: SC92429

Justia Opinion Summary: A construction crane owned and operated by a construction company (Jacobsmeyer) fell on a building. Jacobsmeyer's insurer (Travelers) reached a settlement agreement with the designer and manufacturer of the crane (Grove)...

Roberts v. BJC Health Sys.  
Date: January 29, 2013
Docket Number: SC92700

Justia Opinion Summary: Plaintiffs brought suit against multiple health services providers (Defendants), alleging they were victims in a scheme of improper surgical billing by Dr. Richard Coin and his business, Reconstructive Microsurgery Assoc...

State ex rel. Woodworth v. Denney  
Date: January 8, 2013
Docket Number: SC91021

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder, assault, burglary, and armed criminal action. Defendant subsequently filed a petition for writ of habeas corpus, petitioning the Supreme Court to vacate his convicti...

Doughty v. Dir. of Revenue  
Date: January 8, 2013
Docket Number: SC92260

Justia Opinion Summary: Appellants, Father and Son, were arrested for driving while intoxicated during separate traffic stops. Preliminary breath tests showed Appellants' blood-alcohol contest to be over the legal limit. Father agreed to take a...

Am. Airlines, Inc. v. Dir. of Revenue  
Date: January 8, 2013
Docket Number: SC92314

Justia Opinion Summary: American Airlines submitted a request to the director of revenue for a refunds of sales tax it alleged it overpaid between 2004 and 2007, asserting that its sales of aviation jet fuel to two of its contractors were not s...

801 Skinker Boulevard Corp. v. Dir. of Revenue  
Date: January 8, 2013
Docket Number: SC92401

Justia Opinion Summary: 801 Skinker Boulevard Corporation (801), a corporation operating as a residential cooperative, sought a refund for sales taxes under Mo. Rev. Stat. 144.030.2, which indicates that utilities purchased for residential unit...

Manner v. Schiermeier  
Date: January 8, 2013
Docket Number: SC92408

Justia Opinion Summary: Appellant suffered extensive injuries while riding a motorcycle that was hit by a vehicle driven by Tortfeasor. Appellanat recovered $100,000 from Tortfeasor's insurance company, which left Appellant with $1.4 million in...

State v. Wooden  
Date: January 8, 2013
Docket Number: SC92846

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of harassment, one under Mo. Rev. Stat. 565.090.1(2) and one under section 565.090.1(5), and one count of possession of marijuana. The harassment charges stemmed...

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