47 results for 'court:"Missouri Supreme Court"'.
J. Wilson finds that the lower court improperly dismissed the indictment charging defendant with involuntary manslaughter by deciding after viewing video surveillance that her driving did not constitute criminal negligence. The court was limited to reviewing whether the indictment contained the essential elements of involuntary manslaughter and whether it proper apprised defendant of the facts of the charge. Reversed.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: May 1, 2024, Case #: SC100212, Categories: Criminal Procedure, Manslaughter, Vehicle
J. Fischer finds that the lower court properly declined to set aside a default judgment against the employer in a case filed by a worker alleging he was discriminated against for filing a workers' compensation claim following a fall that injured his back. The employer failed to prove good cause for its default and defaulted claims asserting the court wrongly awarded punitive damages. Affirmed.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: May 1, 2024, Case #: SC100193, Categories: Employment Retaliation, Workers' Compensation
J. Ransom finds that the lower court properly convicted defendant of robbery and assault. He has not adequately shown that his lack of counsel at two pre-trial appearances resulted in any prejudice to him during trial. Further, he was not entitled to a transcript of his initial appearance because it was not an arraignment. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100247, Categories: Criminal Procedure, Robbery
J. Ransom finds that the lower court properly convicted defendant on drug charges. The court was not required to appoint counsel to represent defendant at his initial appearance or bail hearing, because these are not critical stages of the prosecution. Further, defendant's claim regarding the denial of defendant's motion to suppress evidence because detectives lacked jurisdiction to arrange drug buys outside city limits is not preserved for judicial review. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100170, Categories: Drug Offender, Ineffective Assistance, Due Process
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J. Russell finds that the lower court properly convicted defendant of assault after admitting a surveillance video into evidence. The video was on a motion-sensor system, so it did not record continuously through the incident, but only in 30-second clips, which partially captured the incident. The rule of completeness does not apply to this evidence because there was no greater whole video of which the 30-second clips were a part. Affirmed.
Court: Missouri Supreme Court, Judge: Russell, Filed On: April 30, 2024, Case #: SC100188, Categories: Evidence, Assault
J. Ransom finds that the lower court properly convicted defendant of fourth-degree assault after defendant had his initial appearance and arraignment without appointed counsel. Defendant fails to make any specific argument as to how the lack of counsel at these hearing prejudiced him. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100325, Categories: Criminal Procedure, Assault
J. Wilson sets aside the results of the 2022 general election approving Amendment No. 4, which created a constitutional amendment exempting legislation related to police funding from the prohibition against unfunded mandates. Amendment 4's ballot title was inaccurate and misleading because it omitted mention of the fiscal impact the amendment would have on the city, which already provided the higher level of funding voluntarily. This failure to accurately advise voters of the impact of the proposal is an irregularity sufficient to cast doubt on the election. A special election for this question shall be conducted as part of the 2024 general election.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: April 30, 2024, Case #: SC99931, Categories: Constitution, Elections
J. Gooch finds that the lower court properly found for the title insurer in a suit filed by property purchasers who claim it is obligated to defend them in a suit against the city over the use of a barn constructed on the property by previous owners without a permit. The insurer's actual knowledge of the city's lawsuit prior to the effective date of the title policy does not trigger coverage because court records are not included as the kind of records required for the insurer to review and alert the buyers prior to the property's sale. Affirmed.
Court: Missouri Supreme Court, Judge: Gooch, Filed On: April 30, 2024, Case #: SC100238, Categories: Insurance, Property
J. Ransom finds that defendant's appeal of his convictions for three misdemeanor offenses shall be dismissed under the escape rule. Defendant has repeatedly violated the terms of his probation and failed to appear for hearings while there was an active warrant for his arrest.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100265, Categories: Escape, Trespass
J. Ransom finds that the lower court properly convicted defendant of assault and armed criminal action after failing to appoint counsel at her initial appearance and excluding certain evidence of the victim's violence behavior during trial. Defendant was not entitled to counsel at an initial appearance, and the court reasonably allowed only two of six accounts of the victim's alleged violent character to support defendant's claim that the victim started the fight. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100303, Categories: Evidence, Ineffective Assistance, Assault
J. Ransom quashes this court's preliminary writ of mandamus in a wrongful death suit against a rehab center. The patient's family contract with the rehab center for a private room, but placed the patient with a roommate in November 2020, causing her to contract Covid-19 and die. There is no merit to the center's claim that the suit is barred by the Public Readiness and Emergency Preparedness Act, as the complaint never mentions the center's Covid-19 testing procedures as contributing to the patient's death.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: March 5, 2024, Case #: SC100099, Categories: Immunity, Wrongful Death, Covid-19
J. Gooch quashes this court's preliminary writ of mandamus ordering the lower court to conduct a preliminary hearing. There is good cause to continue the hearing based on a grand jury indictment charging defendant with two counts of rape. Defendant has not the state is engaging in a dual prosecution on the same charges, and the court made extensive findings to support its grant of a continuance.
Court: Missouri Supreme Court, Judge: Gooch, Filed On: March 5, 2024, Case #: SC100369, Categories: Criminal Procedure, Sex Offender
J. Broniec finds that the lower court improperly found for the state on the city's constitutional challenge to a bill known as the "Law Enforcement Officers' Bill of Rights" that adds procedures for imposing discipline on police officers. The city adequately pleaded that the law creates an unfunded mandate by increasing the city's costs by requiring it to perform increased levels of activities without providing corresponding appropriations to fund the new requirements. However, the city's other challenges are dismissed, as the state showed a rational basis to treat law enforcement officers differently from other city employees. Reversed in part.
Court: Missouri Supreme Court, Judge: Broniec, Filed On: January 30, 2024, Case #: SC99876, Categories: Constitution, Employment
J. Powell finds that the lower court improperly dismissed the employees' hostile work environment and aiding and abetting claims against his employer. The employees adequately allege they were subjected to severe discriminatory harassment, and that the employer maintained an effectively racially segregated factory floor. Reversed.
Court: Missouri Supreme Court, Judge: Powell, Filed On: January 30, 2024, Case #: SC100116, Categories: Employment Discrimination
J. Gooch finds that the lower court improperly sentenced defendant as a chronic offender for a DUI charges. The state did not prove beyond a reasonable doubt that each of defendant's prior convictions was an intoxication-related traffic offence. Reversed.
Court: Missouri Supreme Court, Judge: Gooch, Filed On: January 30, 2024, Case #: SC100041, Categories: Sentencing, Dui
J. Gardner finds that the lower court improperly awarded attorney fees from the estate in an action contesting the decedent's will. There is no precedent allowing attorneys fees in a will contest to be awarded from an estate to a litigant who stood to personally benefit from the determination of the will's validity. Reversed.
Court: Missouri Supreme Court, Judge: Gardner, Filed On: January 9, 2024, Case #: SC100136, Categories: Wills / Probate, Attorney Fees
J. Ransom finds that the lower court improperly held the hospital liable after a woman got into an unlocked vehicle in a hospital parking lot, found a concealed firearm, and shot the car's owner when he tried to force her out of the car. While the hospital was aware that the woman had previously entered another unlocked vehicle and stolen prescription medications, there was no evidence it knew she was likely to become violent and pose a danger to hospital patrons. Reversed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: December 19, 2023, Case #: SC100030, Categories: Tort
J. Wilson declares unconstitutional the Truly Agreed and Finally Passed House Bill 1606, which sought to reduce the amount of information certain counties are required to publish in their financial statements, because it violates the single subject requirement. The bill also includes provision to restriction the expenditure of state funds on combating homelessness, and makes the act of sleeping or camping on state-owned lands a class C misdemeanor.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: December 19, 2023, Case #: SC100045, Categories: Constitution, Government, Municipal Law
J. Broniec enters a writ of prohibition ordering the court to enter judgment for the institution's employees in a wrongful death action stemming from the death of a severely disabled man after he slid down in his wheelchair and the wheelchair's belt strangled him. The employees are entitled to official immunity for their decision to use the pelvic harness and how tightly to fasten the straps.
Court: Missouri Supreme Court, Judge: Broniec, Filed On: December 19, 2023, Case #: SC100069, Categories: Health Care, Immunity, Wrongful Death
J. Fischer enteres a permanent writ ordering the lower court to dismiss counts claiming the tech company failed to provide class members with timely notice of increased property assessments, and caused others to have their property assessments increase by more than 15% without a physical inspection. The tech company, which operated as a subcontractor to the county, is entitled to dismissal of these claims because it did not owe the property owner a duty of care.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: December 19, 2023, Case #: SC100298, Categories: Property, Tax, Negligence
J. Russell finds that the commission properly found that the worker's applications for review of an administrative judge's decision to deny her worker's compensation benefits were timely filed. Based on the credible testimony of witnesses, the commission reasonably found that the worker put enough postage on the envelope nd delivered it to the Post Office before the statutory deadline. Affirmed.
Court: Missouri Supreme Court, Judge: Russell, Filed On: November 21, 2023, Case #: SC99995, Categories: Civil Procedure, Workers' Compensation
J. Powell finds that the commission properly awarded the worker partial temporary disability benefits and future medical care after finding he suffered an injury arising from a workplace accident. The court reasonably found that 30% of the worker's pain and suffering was due to the accident which aggravated her pre-existing back condition. Affirmed.
Court: Missouri Supreme Court, Judge: Powell, Filed On: November 21, 2023, Case #: SC10006, Categories: Administrative Law, Workers' Compensation
J. Russell finds that the lower court properly denied defendant's post-conviction motion alleging ineffective assistance of counsel at both his guilty plea and sentencing proceedings. Counsel testified that he was aware of defendant's past competency issues, but said defendant was able to consult with him rationally and understood the proceedings. Further, the court observed defendant at both proceedings and said he did not appear erratic or confused. Affirmed.
Court: Missouri Supreme Court, Judge: Russell, Filed On: November 7, 2023, Case #: SC100084, Categories: Ineffective Assistance, Sentencing, Plea
J. Ransom finds that the lower court improperly overruled the airline's motion to compel arbitration in a class action suit filed by a pilot who claims the airline failed to pay pilots their promised bonuses. The Federal Arbitration Act does not exempt interstate employees from contractual arbitration agreements and the airline gave employees requisite notice of the arbitration provision as required by the Missouri Uniform Arbitration Agreement. Vacated.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: November 7, 2023, Case #: SC99961, Categories: Arbitration, Class Action, Aviation