Missouri Case Commentaries

Final-Judgment Rule: An MHRA Judgment Is Not Appealable Unless It Disposes of Requested Equitable Relief and Prejudgment Interest

Date: Aug 13, 2025

Final-Judgment Rule: An MHRA Judgment Is Not Appealable Unless It Disposes of Requested Equitable Relief and Prejudgment Interest 1. Introduction Rhodes v. Missouri Highways and Transportation...

Distinguishing Weapons Offenses from “Marijuana Offenses” Under Missouri Amendment 3 – A Commentary on C.S. v. Missouri State Highway Patrol CJIS (Mo. banc 2025)

Date: Jul 23, 2025

Distinguishing Weapons Offenses from “Marijuana Offenses” Under Missouri Amendment 3 A Comprehensive Commentary on C.S. v. Missouri State Highway Patrol Criminal Justice Information Service, 645...

Mack v. Missouri – Curtailing the Abandonment Doctrine and Foreclosing Re-litigation of Direct-Appeal Issues in Rule 29.15 Proceedings

Date: Jul 23, 2025

Mack v. Missouri – Curtailing the Abandonment Doctrine and Foreclosing Re-litigation of Direct-Appeal Issues in Rule 29.15 Proceedings 1. Introduction In Cedric Dewayne Mack v. State of Missouri, the...

“The Sentencing-Date Rule” & the Limits of the Abandonment Doctrine: Commentary on Christopher A. Scott v. State of Missouri (Mo. banc 2025)

Date: Jul 23, 2025

“The Sentencing-Date Rule” & the Limits of the Abandonment Doctrine Commentary on Christopher A. Scott v. State of Missouri Supreme Court of Missouri, en banc, July 22, 2025 1. Introduction In...

McCarty v. OCDC: Whistle-Blowing Does Not Trump Attorney-Client Confidentiality for Former Government Lawyers

Date: Jul 23, 2025

McCarty v. OCDC: Whistle-Blowing Does Not Trump Attorney-Client Confidentiality for Former Government Lawyers 1. Introduction In In re: Ryan Christopher McCarty, the Supreme Court of Missouri,...

“Record-Based Abandonment”: The Missouri Supreme Court Dispenses with Remand when Counsel’s Untimeliness is Apparent on the Face of the Record

Date: Jul 23, 2025

“Record-Based Abandonment”: The Missouri Supreme Court Dispenses with Remand when Counsel’s Untimeliness is Apparent on the Face of the Record Introduction Nelson v. State of Missouri and Woods v....

“One-Tax, One-Jurisdiction”: The Missouri Supreme Court Limits Counties’ Marijuana Sales-Tax Authority to Unincorporated Areas

Date: Jul 23, 2025

“One-Tax, One-Jurisdiction”: The Missouri Supreme Court Limits Counties’ Marijuana Sales-Tax Authority to Unincorporated Areas 1. Introduction In Robust Missouri Dispensary 3, LLC v. St. Louis...

Amendment 3 Expungement: “Marijuana Offense” Excludes Firearm-While-Possessing-Felony-Marijuana (Conduct that Endangers Others)

Date: Jul 23, 2025

Amendment 3 Expungement: “Marijuana Offense” Excludes Firearm-While-Possessing-Felony-Marijuana (Conduct that Endangers Others) Case: C.S. v. Missouri State Highway Patrol Criminal Justice...

Unappointed Counsel Cannot Trigger Rule 29.15 “Abandonment” to Excuse Untimely Amended Motions; No Remand When Sole Timely Pro Se Claim Was Already Decided on Direct Appeal

Date: Jul 23, 2025

Unappointed Counsel Cannot Trigger Rule 29.15 “Abandonment” to Excuse Untimely Amended Motions; No Remand When Sole Timely Pro Se Claim Was Already Decided on Direct Appeal 1. Introduction Mack v....

Sentencing-Date Version of Rule 29.15 Governs; Abandonment Doctrine Limited to Appointed Postconviction Counsel

Date: Jul 23, 2025

Sentencing-Date Version of Rule 29.15 Governs; Abandonment Doctrine Limited to Appointed Postconviction Counsel 1. Introduction In Scott v. State (Supreme Court of Missouri, July 22, 2025), the Court...

Unmistakable Postconviction Counsel Abandonment: No Remand Required When the Record Shows Untimely Amended Motions and the Merits Were Already Litigated

Date: Jul 23, 2025

Unmistakable Postconviction Counsel Abandonment: No Remand Required When the Record Shows Untimely Amended Motions and the Merits Were Already Litigated 1. Introduction Nelson v. State (Mo. banc July...

Exclusive Local 3% Adult-Use Marijuana Tax Authority Under Mo. Const. art. XIV, § 2: City in Incorporated Areas, County Only in Unincorporated Areas

Date: Jul 23, 2025

Exclusive Local 3% Adult-Use Marijuana Tax Authority Under Mo. Const. art. XIV, § 2: City in Incorporated Areas, County Only in Unincorporated Areas Case: Robust Missouri Dispensary 3, LLC v. St....

Attorney “Whistleblowing” Does Not Excuse Former-Client Confidentiality: Sunshine Law, Rule 4-1.13, and the First Amendment Are Not Safe Harbors

Date: Jul 23, 2025

Attorney “Whistleblowing” Does Not Excuse Former-Client Confidentiality: Sunshine Law, Rule 4-1.13, and the First Amendment Are Not Safe Harbors Case: In re: Ryan Christopher McCarty, Respondent....

The “Cole Limitation” – Missouri Aligns with the Seventh Circuit on State-Law Safety Rules and Contributory Negligence under FELA

Date: Jun 11, 2025

The “Cole Limitation” – Missouri Aligns with the Seventh Circuit on State-Law Safety Rules and Contributory Negligence under FELA 1. Introduction Christopher Cole, a brakeman for The Kansas City...

“Biological Sex” as the Sole Protected Characteristic in MHRA Public-Accommodation Claims – An Analysis of R.M.A. v. Blue Springs R-IV School District (Mo. banc 2025)

Date: Jun 11, 2025

“Biological Sex” as the Sole Protected Characteristic in MHRA Public-Accommodation Claims – A Commentary on R.M.A. v. Blue Springs R-IV School District, Supreme Court of Missouri, en banc (10 June...

MHRA § 213.065 “Sex” in Public Accommodations Means Biological Sex, Not Gender Identity (and Bostock Does Not Control Bathrooms/Locker Rooms)

Date: Jun 11, 2025

MHRA § 213.065 “Sex” in Public Accommodations Means Biological Sex, Not Gender Identity (and Bostock Does Not Control Bathrooms/Locker Rooms) Case: R.M.A. vs. Blue Springs R-IV School District (Mo....

FELA Contributory Negligence Survives State Close-Clearance “Negligence Per Se” Unless the State Rule Implements Federal Safety Norms; Post-Judgment Interest Cannot Be Added After Final Judgment Absent a Timely Request

Date: Jun 11, 2025

FELA Contributory Negligence Survives State Close-Clearance “Negligence Per Se” Unless the State Rule Implements Federal Safety Norms; Post-Judgment Interest Cannot Be Added After Final Judgment...

Defining Qualifying Preexisting Disabilities and Eliminating Load Factors in PTD Claims Under RSMo § 287.220.3

Date: Apr 30, 2025

Defining Qualifying Preexisting Disabilities and Eliminating Load Factors in PTD Claims Under RSMo § 287.220.3 Introduction This commentary examines the Supreme Court of Missouri’s en banc decision...

Second Injury Fund PTD: Preexisting Occupational Diseases Are Not “Compensable Injuries” Under § 287.220.3(2)(a)a(ii)

Date: Apr 30, 2025

Second Injury Fund PTD: Preexisting Occupational Diseases Are Not “Compensable Injuries” Under § 287.220.3(2)(a)a(ii) Introduction Treasurer v. Penney (Mo. banc Apr. 29, 2025) addresses a recurring...

Sentencing Errors Are Not Jurisdictional: Missouri Habeas Cannot Revive Procedurally Defaulted “Excess Sentence” Claims (Overruling Zinna/Osowski/Merriweather)

Date: Apr 30, 2025

Sentencing Errors Are Not Jurisdictional: Missouri Habeas Cannot Revive Procedurally Defaulted “Excess Sentence” Claims (Overruling Zinna/Osowski/Merriweather) 1. Introduction In Branson v. Shewmaker...