Missouri Case Commentaries

Narrow Interpretation of "Industrial, Maintenance and Construction Power Equipment" and Damage Limitations under the Franchise Act in SUN AVIATION, INC. v. L-3 Communications Avionics Systems, Inc.

Date: Nov 1, 2017

Narrow Interpretation of "Industrial, Maintenance and Construction Power Equipment" and Damage Limitations under the Franchise Act in SUN AVIATION, INC. v. L-3 Communications Avionics Systems, Inc....

Missouri Supreme Court Establishes Requirements for Lesser-Included Offense Instructions in Burglary Cases

Date: Jul 12, 2017

Missouri Supreme Court Establishes Requirements for Lesser-Included Offense Instructions in Burglary Cases Introduction In State of Missouri v. James Calvin Smith, 522 S.W.3d 221 (Mo. 2017), the...

Ineffective Assistance of Counsel in Capital Cases: Analyzing Michael TISIUS v. STATE of Missouri

Date: Apr 26, 2017

Ineffective Assistance of Counsel in Capital Cases: Analyzing Michael TISIUS v. STATE of Missouri Introduction Michael TISIUS v. STATE of Missouri, 519 S.W.3d 413 (Supreme Court of Missouri, 2017),...

Missouri Supreme Court Establishes Criteria for Terminating Parental Rights Based on Incarceration and Parental Unfitness

Date: Jan 6, 2017

Missouri Supreme Court Establishes Criteria for Terminating Parental Rights Based on Incarceration and Parental Unfitness Introduction In the landmark case In the Interest of J.P.B. M.R.S.,...

Missouri Supreme Court Reinforces Strict Standards for Race-Neutral Explanations in Batson Challenges

Date: Aug 24, 2016

Missouri Supreme Court Reinforces Strict Standards for Race-Neutral Explanations in Batson Challenges Introduction In the landmark case State of Missouri v. Roscoe R. Meeks, 495 S.W.3d 168 (Miss....

Limits on Punitive Damages Against Statutorily Defined Insurance Funds: City of Harrisonville v. McCall Service Stations

Date: Aug 24, 2016

Limits on Punitive Damages Against Statutorily Defined Insurance Funds: City of Harrisonville v. McCall Service Stations Introduction In the case of City of Harrisonville v. McCall Service Stations...

Double Jeopardy Protections in Felony Stealing Cases: State v. Bazell

Date: Aug 24, 2016

Double Jeopardy Protections in Felony Stealing Cases: State v. Bazell Introduction In the landmark case of State of Missouri v. Amanda N. Bazell (497 S.W.3d 263), the Supreme Court of Missouri...

Missouri Supreme Court Upholds Firearm Restrictions for Nonviolent Felons

Date: Feb 10, 2016

Missouri Supreme Court Upholds Firearm Restrictions for Nonviolent Felons Introduction The case of State of Missouri v. Pierre Clay (481 S.W.3d 531) addresses the constitutionality of Missouri's...

Clarifying the 'Substantial Step' Standard in Attempted First-Degree Assault: State of Missouri v. Lammers

Date: Feb 10, 2016

Clarifying the 'Substantial Step' Standard in Attempted First-Degree Assault: State of Missouri v. Lammers Introduction In State of Missouri, Respondent, v. Blaec James Lammers, Appellant (479 S.W.3d...

Strict Scrutiny Affirmed for Felon-In-Possession Laws in State v. McCoy

Date: Aug 19, 2015

Strict Scrutiny Affirmed for Felon-In-Possession Laws in State of Missouri v. McCoy Introduction In the landmark case of State of Missouri v. Santonio L. McCoy, 468 S.W.3d 892 (Mo. 2015), the Supreme...

Strict Scrutiny Affirmed for Felon Gun Possession Laws: Missouri Supreme Court in State of Missouri v. Merritt

Date: Aug 19, 2015

Strict Scrutiny Affirmed for Felon Gun Possession Laws: Missouri Supreme Court in State of Missouri v. Merritt Introduction In the landmark case of State of Missouri v. Marcus Merritt, the Supreme...

State of Missouri v. Taylor: Upholding Judicial Discretion in Evidence Admissibility and Sentencing Allocution

Date: Aug 5, 2015

State of Missouri v. Taylor: Upholding Judicial Discretion in Evidence Admissibility and Sentencing Allocution Introduction In State of Missouri v. Demetrick Taylor (466 S.W.3d 521, Supreme Court of...

Affirming the Right to Post-Election Ballot Title Challenges: A Comprehensive Analysis of Dotson III v. Kander

Date: Jul 1, 2015

Affirming the Right to Post-Election Ballot Title Challenges: A Comprehensive Analysis of Dotson III v. Kander Introduction In the landmark case D. Samuel Dotson III and Rebecca Morgan v. Missouri...

Presumption of Abandonment and Independent Inquiry in Amended Post-Conviction Motions: Insights from Charles K. MOORE v. STATE of Missouri

Date: Apr 15, 2015

Presumption of Abandonment and Independent Inquiry in Amended Post-Conviction Motions: Insights from Charles K. MOORE v. STATE of Missouri Introduction Charles K. MOORE v. STATE of Missouri, 458...

Double Jeopardy in Multi-Victim Cases: Insights from State of Missouri v. Elvis Smith

Date: Mar 11, 2015

Double Jeopardy in Multi-Victim Cases: Insights from State of Missouri v. Elvis Smith Introduction State of Missouri v. Elvis Smith (456 S.W.3d 849) is a pivotal case adjudicated by the Supreme Court...

Clarifications on Burglary and Assault Charges for Law Enforcement Officers: Missouri Supreme Court in State v. Hunt

Date: Dec 24, 2014

Clarifications on Burglary and Assault Charges for Law Enforcement Officers: Missouri Supreme Court in State v. Hunt Introduction The case of State of Missouri v. Christopher Eric Hunt (451 S.W.3d...

Missouri Supreme Court Upholds Void Trust Amendments Due to Decedent’s Testamentary Incapacity

Date: Oct 1, 2014

Affirmation of Testamentary Incapacity in Trust Amendments: Ivie v. Smith Introduction The case of Ivie v. Smith (439 S.W.3d 189) adjudicated by the Supreme Court of Missouri addressed critical...

Missouri Supreme Court Establishes Critical Precedent on Attorney Abandonment in Post-Conviction Relief

Date: Aug 20, 2014

Missouri Supreme Court Establishes Critical Precedent on Attorney Abandonment in Post-Conviction Relief Introduction The case of Mark D. Vogl v. State of Missouri (437 S.W.3d 218) represents a...

BARTON v. STATE of Missouri: Upholding Standards for Ineffective Assistance of Counsel and Brady Claims in Post-Conviction Relief

Date: Jun 25, 2014

BARTON v. STATE of Missouri: Upholding Standards for Ineffective Assistance of Counsel and Brady Claims in Post-Conviction Relief Introduction Walter Barton, the appellant, was convicted and...

Missouri Supreme Court Establishes Mandatory Lesser Included Offense Instructions upon Defendant's Request

Date: Jun 25, 2014

Missouri Supreme Court Establishes Mandatory Lesser Included Offense Instructions upon Defendant's Request Introduction In State of Missouri v. Denford Jackson, the Missouri Supreme Court addressed a...