Supreme Court of Missouri Decisions 2018

Archdekin v. Archdekin  
Date: December 18, 2018
Docket Number: SC96640

Justia Opinion Summary: The Supreme Court reversed in part and affirmed in part the final judgment of the trial court dissolving Husband’s marriage to Wife, holding that the trial court’s retroactive award of maintenance was erroneous but the j...

State v. Hughes  
Date: December 18, 2018
Docket Number: SC96867

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s decision overruling Defendant’s motion suppress evidence found during a warrantless search and seizure of a bag that the police seized from the back seat of the vehicle in w...

Soars v. Easter Seals Midwest  
Date: December 18, 2018
Docket Number: SC97018

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court denying Appellants’ motion to compel arbitration pursuant to Mo. Rev. Stat. 435.440.1, holding that the circuit court erred in refusing to compel arbitration on t...

Crescent Plumbing Supply Company v. Director of Revenue  
Date: December 18, 2018
Docket Number: SC97091

Justia Opinion Summary: The Supreme Court affirmed the decision of the Administrative Hearing Commission finding Appellant’s claim for refund of sales tax untimely under Mo. Rev. Stat. 144.190.2, holding that the refund claim was untimely becau...

State ex rel. Jean Peters-Baker v. Honorable Bryan E. Round  
Date: December 4, 2018
Docket Number: SC96931

Justia Opinion Summary: The Supreme Court made permanent its preliminary writ of prohibition barring Respondent, Judge Bryan E. Round, from enforcing his order disqualifying the entire Jackson County Prosecuting Attorney’s Office (PAO) in the u...

State ex rel. Gardner v. Honorable Timothy J. Boyer  
Date: December 4, 2018
Docket Number: SC97026

Justia Opinion Summary: The Supreme Court made permanent its preliminary writ of prohibition barring Respondent, Judge Timothy J. Boyer, from enforcing his order disqualifying the entire City of St. Louis Circuit Attorney’s Office (CAO) in the...

Anderson v. State  
Date: November 20, 2018
Docket Number: SC96548

Justia Opinion Summary: The Supreme Court affirmed the judgment of the motion court overruling Appellant’s Mo. R. Crim. P. 29.15 motion for postconviction relief after an evidentiary hearing, holding that the motion court did not err. After a...

State ex rel. PPG Industries, Inc. v. Honorable Maura B. McShane  
Date: November 20, 2018
Docket Number: SC97006

Justia Opinion Summary: The Supreme Court made permanent its preliminary writ of prohibition sought by PPG Industries, Inc. directing the circuit court to dismiss the underlying claim against it for lack of personal jurisdiction, holding that t...

State v. Stewart  
Date: November 20, 2018
Docket Number: SC97070

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of unlawful use of a weapon, third-degree domestic assault, first-degree burglary, and armed criminal action, holding that the evidence wa...

A-1 Premium Acceptance, Inc. v. Hunter  
Date: October 16, 2018
Docket Number: SC96672

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court denying Lender’s application to compel arbitration and stay proceedings on the claims brought by Borrower, holding that the plain language of the parties’ arbitra...

In re Grado  
Date: September 25, 2018
Docket Number: SC96830

Justia Opinion Summary: The Supreme Court of Missouri affirmed the circuit court's judgment committing appellant to the custody of the Department of Mental Health under the Sexually Violent Predator Act. The court held that appellant failed to...

In re Braddy  
Date: September 25, 2018
Docket Number: SC96851

Justia Opinion Summary: The Supreme Court of Missouri affirmed the circuit court's judgment committing appellant to the department of mental health as a sexually violent predator. The court held that appellant failed to show how counsel was ine...

Latham v. State  
Date: September 11, 2018
Docket Number: SC96315

Justia Opinion Summary: The Supreme Court reversed the judgment of the motion court overruling Appellant’s motion for postconviction relief, holding that Appellant’s postconviction counsel created a presumption of abandonment, and therefore, Ap...

State v. Holmsley  
Date: September 11, 2018
Docket Number: SC96770

Justia Opinion Summary: The Supreme Court reversed the judgment of the trial court convicting Defendant of sodomy in the first degree and attempted sodomy in the first degree, holding that the trial court abused its discretion by failing to giv...

Shallow v. Follwell  
Date: September 11, 2018
Docket Number: SC96901

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court in favor of Defendant in this wrongful death medical negligence action, holding that the circuit court did not abuse its discretion. Plaintiffs alleged that D...

State ex rel. Attorney General v. Pilot Travel Centers, LLC  
Date: August 21, 2018
Docket Number: SC96885

Justia Opinion Summary: The Supreme Court reversed the circuit court’s judgment dismissing the the claims filed by the Board of Trustees of the Missouri Petroleum Storage Tank insurance Fund, by and through the Missouri attorney general (collec...

Goldsby v. Lombardi  
Date: July 31, 2018
Docket Number: SC96639

Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court dismissing Appellant’s petition asking the court to order the Missouri Department of Corrections (DOC) to provide him with a release date for his life sentence...

Miller v. State  
Date: July 31, 2018
Docket Number: SC96754

Justia Opinion Summary: The Supreme Court reversed the judgment of the motion court granting Respondent’s Maryland Rule 29.15 motion for postconviction relief and vacating the revocation of Respondent’s probation and imposition of sentences on...

McFadden v. State  
Date: July 17, 2018
Docket Number: SC96453

Justia Opinion Summary: The Supreme Court affirmed the motion court’s judgment denying Appellant postconviction relief, holding that the motion court’s findings of fact and conclusions of law were not clearly erroneous. On appeal from the moti...

Heifetz v. Apex Clayton, Inc.  
Date: July 17, 2018
Docket Number: SC96514

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court in favor of Plaintiffs on their claims of breach of contract and breach of fiduciary duty and the award of punitive damages. On appeal, Defendant argued that th...

Milner v. State  
Date: July 17, 2018
Docket Number: SC96909

Justia Opinion Summary: The Supreme Court reversed the judgment of the motion court dismissing Appellant’s Mo. R. Crim. P. 24.035 motion for post-conviction relief without an evidentiary hearing and remanded the case with instructions to the mo...

Grain Belt Express Clean Line, LLC v. Public Service Commission  
Date: July 17, 2018
Docket Number: SC96993

Justia Opinion Summary: At issue was whether consent is required from would-be affected counties before the Missouri Public Service Commission can issue a line certificate of convenience and necessity (CCN) pursuant to the statute governing lin...

Kohner Properties, Inc. v. Johnson  
Date: July 3, 2018
Docket Number: SC95944

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court entered in favor of Kohner Properties, Inc. in this rent-and-possession action, holding that circuit courts may exercise discretion on a case-by-case basis to...

Missouri Public Service Commission v. Union Electric Co.  
Date: July 3, 2018
Docket Number: SC96222

Justia Opinion Summary: The Supreme Court vacated the decision of the Missouri Public Service Commission determining that the term “methodology” as used in Rule 20.093(1)(F) means not only the formula used to compute a sum (i.e., the variables...

Hill v. Missouri Department of Conservation  
Date: July 3, 2018
Docket Number: SC96739

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court in favor of Respondents in this declaratory and injunctive relief action challenging a series of regulatory amendments proposed by the Missouri Conservation Co...

Griffitts v. Old Republic Insurance Co.  
Date: July 3, 2018
Docket Number: SC96740

Justia Opinion Summary: The circuit court erroneously declared the law when it concluded that an employee’s violation of employer’s rules regarding vehicle operation were sufficient to preclude coverage under the omnibus clause of the employer’...

Curtis v. Missouri Democratic Party  
Date: June 25, 2018
Docket Number: SC97244

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court quashing its preliminary order in mandamus against the Missouri Democratic Party and its chair and the secretary of state (collectively, Respondents), holding...

State v. Perry  
Date: June 12, 2018
Docket Number: SC96087

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court overruling Defendant’s motions to suppress evidence and sentencing Defendant to eight years’ imprisonment in connection with his conviction for possession of a...

State v. Pierce  
Date: June 12, 2018
Docket Number: SC96095

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of one count of possession of child pornography and sentencing him to fifteen years’ imprisonment. On appeal, Defendant argued (1) the ci...

Booker v. State  
Date: June 12, 2018
Docket Number: SC96184

Justia Opinion Summary: The Supreme Court affirmed the judgment of the motion court overruling, without a hearing, Defendant’s Mo. R. Crim. P. 24.035 motion for postconviction relief from his conviction for assault in the first degree and thirt...

Nowden v. Division of Alcohol & Tobacco Control, Missouri Department of Public Safety  
Date: June 12, 2018
Docket Number: SC96496

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s judgment granting summary judgment in favor of the Missouri Department of Public Safety’s Division of Alcohol and Tobacco Control and dismissing Appellant’s first amended pe...

State ex rel. Robison v. Lindley-Myers  
Date: June 12, 2018
Docket Number: SC96719

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court quashing its preliminary writ in mandamus and denying Bryan Robison’s request for a permanent writ against the director of the Department of Insurance, Financi...

Gall v. Steele  
Date: May 22, 2018
Docket Number: SC96188

Justia Opinion Summary: In this declaratory judgment action brought against Judge Russell E. Steele and Judge Kristie Swaim challenging two amendments to a consolidation agreement the parties entered into in 2008, the Supreme Court reversed the...

Spence v. BNSF Railway Co.  
Date: May 22, 2018
Docket Number: SC96195

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court entering judgment in favor of Sherry Spence on her wrongful death cause of action for the death of her husband. Spence sued BNSF Railway Company for the wrong...

Dickemann v. Costco Wholesale Corp.  
Date: May 22, 2018
Docket Number: SC96513

Justia Opinion Summary: The Supreme Court affirmed the decision of the Labor and Industrial Relations Commission (Commission) declining to approve the agreement entered into Employer and Employee that Employer would make a lump sum payment to f...

Ryan v. State  
Date: May 22, 2018
Docket Number: SC96599

Justia Opinion Summary: The Supreme Court affirmed the motion court’s judgment overruling Appellant’s Mo. R. Crim. P. 24.035 motion without an evidentiary hearing, holding that the record conclusively refuted the claims made in the motion. App...

Cass County, Missouri, v. Director of Revenue  
Date: May 22, 2018
Docket Number: SC96731

Justia Opinion Summary: The Supreme Court affirmed an Administrative Hearing Commission (Commission) decision allowing the director of revenue to redistribute tax revenue owed to the City of Lee’s Summit but erroneously paid to Cass County. Ca...

Accident Fund Insurance Co. v. Casey  
Date: May 22, 2018
Docket Number: SC96899

Justia Opinion Summary: The Supreme Court affirmed as modified the Labor and Industrial Relations Commission’s determination that because Robert Casey’s exposure to asbestos occurred while he was employed by Employer, its insurer (Insurer), was...

Hink v. Helfrich  
Date: May 1, 2018
Docket Number: SC96371

Justia Opinion Summary: Here, the Supreme Court reaffirmed its decision in Mahoney v. Doerhoff Surgical Services, Inc., 807 S.W.2d 503 (Mo. 1991), upholding the constitutional validity of Mo. Rev. Stat. 538.225’s requirement of an affidavit sta...

State v. Williams  
Date: May 1, 2018
Docket Number: SC96478

Justia Opinion Summary: Article I, section 18(c), which voters added to the Missouri Constitution in 2014, does not violate due process. Defendant was convicted of three counts of first-degree statutory sodomy. On appeal, Defendant challenged...

State ex rel. Healea v. Honorable Frederick P. Tucker  
Date: May 1, 2018
Docket Number: SC96601

Justia Opinion Summary: At issue was whether the relief ordered by the trial court for the Columbia Police Department’s infringement of Shayne Healea’s attorney-client privilege and violation of his Sixth Amendment rights was adequate. The De...

State v. Rohra  
Date: May 1, 2018
Docket Number: SC96796

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of unlawful possession of a firearm, holding that, by pleading guilty, Defendant waived his argument that the amended complaint and indict...

Jackson v. Barton  
Date: April 17, 2018
Docket Number: SC95771

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court dismissing Petitioner’s petition alleging that the debt collection actions of the owners and operators of LifeSmile Dental Care (collectively, LifeSmile) and a...

State ex rel. Goldsworthy v. Honorable James F. Kanatzar  
Date: April 3, 2018
Docket Number: SC95858

Justia Opinion Summary: The Supreme Court made permanent a preliminary writ of prohibition sought by Relators prohibiting Respondent, the Honorable James F. Kanatzar, from taking any action other than granting their motion to dismiss the underl...

State ex rel. Church & Dwight Co. v. Honorable William B. Collins  
Date: April 3, 2018
Docket Numbers: SC95976, SC95977

Justia Opinion Summary: The Supreme Court made permanent preliminary writs of prohibition sought by Relators to prevent the circuit court from taking any action other than vacating its orders overruling their respective motions to dismiss on th...

Alpert v. State  
Date: April 3, 2018
Docket Number: SC96024

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting summary judgment in favor of the State on Plaintiff’s action seeking a declaration that the State could not enforce Mo. Rev. Stat. 571.707 against him...

Antioch Community Church v. Board of Zoning Adjustment of City of Kansas City  
Date: April 3, 2018
Docket Number: SC96215

Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Zoning Adjustment of the City of Kansas City (BZA) to deny the request of the Antioch Community Church (Church) for a nonuse zoning variance for a digital display o...

State v. Ajak  
Date: April 3, 2018
Docket Number: SC96333

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court convicting Defendant of the charge of resisting arrest, holding that the evidence did not support the submission of resisting arrest. Specifically, the Court h...

State ex rel. Hawley v. Honorable Sandra Midkiff  
Date: April 3, 2018
Docket Number: SC96516

Justia Opinion Summary: The Supreme Court made permanent its preliminary writ of prohibition, holding that the circuit court exceeded its authority in refusing to transfer venue of Defendant’s petition for writ of habeas corpus. While detained...

Bowers v. Bowers  
Date: April 3, 2018
Docket Number: SC96545

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court dissolving the marriage of Jessica Bowers and Jason Bowers and designating Jason a third party in the dissolution proceeding for purposes of determining custod...

Conner v. Ogletree  
Date: March 6, 2018
Docket Numbers: SC95995, SC95997

Justia Opinion Summary: Because Plaintiffs in these two personal injury suits failed to allege a breach of a duty unrelated to employment or a breach of workplace safety that was so unforeseeable to the employer as to take it outside the employ...

Fogerty v. Armstrong  
Date: March 6, 2018
Docket Number: SC96030

Justia Opinion Summary: In this personal injury suit, the trial court properly granted summary judgment in favor of Defendant under Parr v. Breeden, 489 S.W.3d 774, 778 (Mo. banc 2016) and Peters v. Wady Industries, Inc., 489 S.W.3d 784, 789-90...

McComb v. Norfus  
Date: March 6, 2018
Docket Number: SC96042

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court concluding that Plaintiff’s wrongful death action was barred by the exclusivity provision in Missouri’s workers’ compensation statutes, Mo. Rev. Stat. 287.120....

Collings v. State  
Date: March 6, 2018
Docket Number: SC96118

Justia Opinion Summary: The Supreme Court affirmed the motion court’s judgment denying Appellant postconviction relief on his twelve claims of ineffective assistance of trial counsel, two claims of ineffective assistance of appellate counsel, a...

State v. Gaulter  
Date: February 13, 2018
Docket Number: SC95719

Justia Opinion Summary: The circuit court did not err in sustaining Defendants’ motions to suppress all evidence seized pursuant to warrant authorizing search of a residence for stolen items. On appeal, the State argued that, while no probable...

Wright-Jones v. Missouri Ethics Commission  
Date: February 13, 2018
Docket Number: SC95796

Justia Opinion Summary: The Supreme Court affirmed the decision of the Administration Hearing Commission (AHC) affirming the Missouri Ethics Commission’s (MEC) imposition of fees arising from the failure to Robin Wright-Jones and Wright-Jones f...

Wieland v. Owner-Operator Services, Inc.  
Date: February 13, 2018
Docket Number: SC96210

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court in favor of Plaintiff on her claim of negligence alleging that Defendant, her employer, breached its duty to protect her from the criminal act of a third perso...

State v. Oates  
Date: February 13, 2018
Docket Number: SC96650

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of two counts of second-degree murder and two counts of armed criminal action. The court held (1) the circuit court did not err in refusin...

Meiners v. State  
Date: January 23, 2018
Docket Number: SC96278

Justia Opinion Summary: The Supreme Court affirmed the judgment of the motion court overruling Appellant’s motion for postconviction relief under Rule 29.15, holding that Appellant’s argument that his appellate counsel was ineffective was unava...

State v. Bruner  
Date: January 16, 2018
Docket Number: SC95877

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of first-degree murder and armed criminal action, holding that the circuit court did not err by refusing to submit a self-defense instruct...

Watson v. State  
Date: January 16, 2018
Docket Number: SC96103

Justia Opinion Summary: The Supreme Court reversed the order of the motion court overruling Defendant’s Mo. R. Crim. P. 29.15 motion for postconviction relief alleging that he received ineffective assistance of counsel during his criminal proce...

State v. Gilmore  
Date: January 16, 2018
Docket Number: SC96341

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court convicting Defendant of the class C felony of possession of a controlled substance, holding that there was insufficient evidence Defendant knew of the presence...

In re Estate of Joseph B. Mickels  
Date: January 16, 2018
Docket Number: SC96649

Justia Opinion Summary: The Supreme Court affirmed the judgment of the probate division denying the application of Ruth Mickels (“Mickels”) to be appointed as personal representative of the estate of her late husband, Joseph Mickels, Sr. The pr...

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