Missouri Case Commentaries

Missouri Referendum Power Extends to Congressional Redistricting Acts: “Any Act of the General Assembly” Means Any Act

Date: Sep 9, 2026

Missouri Referendum Power Extends to Congressional Redistricting Acts: “Any Act of the General Assembly” Means Any Act 1. Introduction In von Glahn vs. Hoskins (Mo. banc Sept. 3, 2026), the Supreme...

Harris v. Hoskins: Certificates of Insufficiency Must State Specific Reasons; Secretary of State Cannot Vacate and Re-Certify an Initiative Ballot Title

Date: Sep 9, 2026

Harris v. Hoskins: Certificates of Insufficiency Must State Specific Reasons; Secretary of State Cannot Vacate and Re-Certify an Initiative Ballot Title 1. Introduction In Harris v. Hoskins (Mo. banc...

Missouri Rule 74.06(b)(5): A Change in Law Alone Cannot Dissolve a Permanent Injunction; Changed Facts and Equity Must Be Proven

Date: Jul 27, 2026

Missouri Rule 74.06(b)(5): A Change in Law Alone Cannot Dissolve a Permanent Injunction; Changed Facts and Equity Must Be Proven 1. Introduction Glendale Shooting Club, Inc. v. Landolt (Mo. banc July...

Young v. State: Abandonment Established on the Face of an Untimely Amended Rule 29.15 Motion When Counsel Used the Wrong Rule Version

Date: Jul 10, 2026

Young v. State: Abandonment Established on the Face of an Untimely Amended Rule 29.15 Motion When Counsel Used the Wrong Rule Version Court: Supreme Court of Missouri (en banc) | Date: July 7, 2026 |...

Missouri Judge-Sentencing Rule: Clark/Fassero Preponderance Limits Do Not Extend to Judicial Sentencing, and Watts Is Inapplicable Outside Federal Guidelines

Date: Jun 26, 2026

Missouri Judge-Sentencing Rule: Clark/Fassero Preponderance Limits Do Not Extend to Judicial Sentencing, and Watts Is Inapplicable Outside Federal Guidelines Case: State vs. Harris (No. SC101233)...

§ 432.070 and Sovereign Immunity Bar Municipal “Money Had and Received” Refund Suits Premised on Implied Waste-Service Obligations

Date: Jun 26, 2026

§ 432.070 and Sovereign Immunity Bar Municipal “Money Had and Received” Refund Suits Premised on Implied Waste-Service Obligations 1. Introduction In State ex rel. City of St. Louis v. The Honorable...

Holmes v. Zellers (Mo. banc 2026): Sovereign Immunity as a Plaintiff’s Prima Facie Burden in Municipal Indemnification Actions

Date: Jun 26, 2026

Sovereign Immunity as a Plaintiff’s Prima Facie Burden in Municipal Indemnification Actions 1. Introduction Holmes vs. Zellers, decided en banc by the Supreme Court of Missouri on June 23, 2026,...

Unpreserved Erlinger-Based Persistent-Offender Errors Require Plain-Error Manifest Injustice (Not Automatic Reversal); Certified Out-of-State Records May Prove Felony Status

Date: Jun 26, 2026

Unpreserved Erlinger-Based Persistent-Offender Errors Require Plain-Error Manifest Injustice (Not Automatic Reversal); Certified Out-of-State Records May Prove Felony Status 1. Introduction In State...

"Sue and Be Sued" Does Not Waive Sovereign Immunity for Tort Victims’ Fund Payment Demands; § 537.690 Review Is the Exclusive Consent-to-Suit Path

Date: Jun 6, 2026

"Sue and Be Sued" Does Not Waive Sovereign Immunity for Tort Victims’ Fund Payment Demands; § 537.690 Review Is the Exclusive Consent-to-Suit Path 1. Introduction Jones vs. Missouri Labor and...

Governor’s Discretion to Declare an “Extraordinary Occasion” Under Mo. Const. art. IV, § 9 Is Broad and Not Limited by “Unusualness”

Date: May 29, 2026

Governor’s Discretion to Declare an “Extraordinary Occasion” Under Mo. Const. art. IV, § 9 Is Broad and Not Limited by “Unusualness” Introduction In National Association for the Advancement of...

State v. Guthrie: Sufficiency Review Turns on Statutory Elements—“Preteen” Testimony Can Establish Under-14 Age Absent a Preserved Date-Variance/Instructional Claim

Date: May 21, 2026

State v. Guthrie: Sufficiency Review Turns on Statutory Elements—“Preteen” Testimony Can Establish Under-14 Age Absent a Preserved Date-Variance/Instructional Claim 1. Introduction In State v....

Healey/Wise v. State of Missouri: Compactness Under Mo. Const. art. III, §45 Is a Totality-of-the-Evidence Inquiry; Statistical Metrics and Historical Map Comparisons Are Proper, and “Communities of Interest” Are Not Dispositive

Date: May 13, 2026

Healey/Wise v. State of Missouri: Compactness Under Mo. Const. art. III, §45 Is a Totality-of-the-Evidence Inquiry; Statistical Metrics and Historical Map Comparisons Are Proper, and “Communities of...

Maggard v. State of Missouri: No Automatic Suspension of Legislation Upon Referendum Petition Filing; Suspension Turns on a “Legal, Sufficient, and Timely” Petition Determined Through Chapter 116 Certification (with Relation-Back)

Date: May 13, 2026

Maggard v. State of Missouri: No Automatic Suspension of Legislation Upon Referendum Petition Filing; Suspension Turns on a “Legal, Sufficient, and Timely” Petition Determined Through Chapter 116...

Missouri Rule 74.04: Summary Judgment Is Not an “Extreme and Drastic Remedy,” and Noncompliant Responses Admit Movant’s Facts

Date: Apr 23, 2026

Missouri Rule 74.04: Summary Judgment Is Not an “Extreme and Drastic Remedy,” and Noncompliant Responses Admit Movant’s Facts Case: Wilkinson v. Farmers Holding Companies d/b/a Capital Sand, Inc....

Cox v. Grady Hotel Investments, LLC — Political-Actor Standing Limits and Validation of Missouri’s Airport-Boundary Valuation Formula

Date: Apr 23, 2026

Political-Actor Standing Limits and Validation of Missouri’s Airport-Boundary Valuation Formula (Section 137.115.1) 1. Introduction Cox v. Grady Hotel Investments, LLC (Supreme Court of Missouri, en...

“When” Means “At Least When”: Article III, Section 45 Does Not Bar Mid‑Decade Congressional Redistricting in Missouri

Date: Mar 27, 2026

“When” Means “At Least When”: Article III, Section 45 Does Not Bar Mid‑Decade Congressional Redistricting in Missouri Case: Merri Suzanne Luther, et al. v. Denny Hoskins (with Missouri State...

Voter-Engagement “Solicitation” Is Core Political Speech Under Missouri’s Constitution; Broad Registration/Compensation Limits and Absentee-Solicitation Ban Are Facially Unconstitutional

Date: Mar 27, 2026

Voter-Engagement “Solicitation” Is Core Political Speech Under Missouri’s Constitution; Broad Registration/Compensation Limits and Absentee-Solicitation Ban Are Facially Unconstitutional Case: State...

Missouri Standing Doctrine in Voting-Law Challenges: No Merits Adjudication Without a Justiciable Controversy; No “Diversion-of-Resources” Standing by Self-Inflicted Reallocation

Date: Mar 27, 2026

Missouri Standing Doctrine in Voting-Law Challenges: No Merits Adjudication Without a Justiciable Controversy; No “Diversion-of-Resources” Standing by Self-Inflicted Reallocation Introduction In...

Municipal “DWI” Record Must Prove Physical Driving/Operating to Count as an IRTO for Chronic-Offender Enhancement

Date: Feb 27, 2026

Municipal “DWI” Record Must Prove Physical Driving/Operating to Count as an IRTO for Chronic-Offender Enhancement Introduction In State v. Peters (Mo. banc Feb. 24, 2026), the Supreme Court of...

Section 452.375.5(5) Does Not Create an Independent Third-Party Visitation/Custody Cause of Action Absent a Pending Custody Dispute

Date: Feb 27, 2026

Section 452.375.5(5) Does Not Create an Independent Third-Party Visitation/Custody Cause of Action Absent a Pending Custody Dispute Case: In re A.L.P. and S.H.P. (Supreme Court of Missouri, en banc)...