Strict Construction Excludes Occupational Diseases from Preexisting Disabilities under Section 287.220.3(2)(a)(ii) Introduction In Treasurer of the State of Missouri – Custodian of the Second Injury...
Eckardt v. Treasurer (Mo. banc 2025): No Load-Factor/Enhanced-PPD “Boost” to Meet § 287.220.3’s 50-Week Threshold; PTD Causation Must Exclude Non-Qualifying Disabilities Supreme Court of Missouri (en...
Reaffirming Original Jurisdiction and the “Cast Doubt” Standard in Post-Election Ballot Title Challenges Introduction Raymond McCarty and three fellow registered Missouri voters (“Contestants”) filed...
Excess Sentence Is Not a Jurisdictional Defect: Exclusivity of Rule 24.035 in Post-Conviction Relief Introduction In In re Robert J. Branson v. Michael Shewmaker, Warden (Missouri Supreme Court,...
Post‑Election Ballot‑Title Contests: A Chapter 116 Defect Must Also “Cast Doubt” Under Section 115.593; Single‑Subject/Clear‑Title Attacks Lie Outside the Missouri Supreme Court’s Original...
Rule 74.06(b)(5) Relief Requires Equitable Change Beyond Doctrinal Shifts—and an Unvacated Declaration of Unconstitutionality Blocks Enforcement 1. Introduction City of Normandy v. Kehoe (Supreme...
Equitable Limits of Rule 74.06(b)(5): Change in Law Not Sole Basis for Relief Introduction In City of Normandy v. Mike Kehoe (Mo. banc, Apr. 15, 2025), the Supreme Court of Missouri clarified the...
State v. Thompson: Dilatory Failure to Obtain Counsel Forfeits Right-to-Counsel Claim at Preliminary Hearing; Trial Courts May Cure Inconsistent Verdicts Before Jury Discharge Introduction In State...
The State’s Statutory Right to Appeal Civil Collateral Attacks Under Section 547.031 Affirmed Introduction This case arises from a novel post-conviction procedure codified at Missouri Revised...
Implied Waiver of Sixth Amendment Counsel Through Unreasonable Delay and Court’s Authority to Rectify Inconsistent Jury Verdicts Introduction In State of Missouri v. David Thompson, the Supreme Court...
Missouri Recognizes the State’s Right to Appeal § 547.031 Vacatur Judgments Under § 512.020(5) Case: In re: Circuit Attorney, 22nd Judicial Circuit ex rel. Dunn (No. SC100878) Court: Supreme Court of...
State v. Tate: Sufficiency Review Includes All Admitted Evidence, Even If Unpublished to the Jury Introduction In State v. Tate (Mo. banc Apr. 1, 2025), the Supreme Court of Missouri affirmed...
Masters v. Dawson: Missouri Requires Explicit Preservation of the Jury-Trial Right in Post-Trial Motions; Piecemeal Incorporation Is Insufficient 1. Introduction Masters v. Dawson (Supreme Court of...
Admissible Evidence in Sufficiency Review: Consideration of All Admitted Evidence, Not Just That Published to the Jury Introduction State of Missouri v. Anthony Tate is a 2025 decision by the Supreme...
Trial Courts’ Inherent Power to Enforce Orders by Case-Dispositive Sanctions for Contumacious Litigants Introduction In Ethel Barry Masters v. Jacob Dawson, the Supreme Court of Missouri confronts a...
Separate “Operations” Are Separate Tampering Offenses: Missouri Defines the Unit of Prosecution for § 569.080.1(2) 1. Introduction In State of Missouri v. Brian K. Heathcock (Mo. banc Mar. 18, 2025),...
Rule 55.27(a)(6) Motion to Dismiss Does Not Waive Arbitration When Arbitration Is Timely Invoked and Pleaded as an Affirmative Defense Case: Connie Lange v. GMT Auto Sales, Inc. (No. SC100608) |...
No Waiver of Arbitration by Pre-Answer Rule 55.27(a)(6) Motion When Arbitration Is Timely Invoked as an Affirmative Defense 1) Introduction Lange v. GMT Auto Sales, Inc. (Supreme Court of Missouri,...
State v. Heathcock: Each Distinct “Operation” of a Vehicle Is a Separate Unit of Prosecution for First-Degree Tampering Court: Supreme Court of Missouri Date: March 18, 2025 1. Introduction State v....
Passive Noncompliance as “Physical Interference” Under § 575.150: Refusal to Unlock a Vehicle Door During Another’s Arrest 1. Introduction State of Missouri v. Brian V. Milazzo (Supreme Court of...