ZEL M. FISCHER, Judge. In this appeal Michael Wade, Jason Reece Peterson, and Edwin Carey each argue that article I, section 13 of the Missouri Constitution, which prohibits the passage of any law "retrospective in its operation," applies to criminal laws and, therefore, their charges under 566.150, 1 are unconstitutional as applied to them. This Court recently held that the retrospective clause of article I, section 13 does not apply to criminal laws. These cases now require this Court to...
MARY R. RUSSELL, Chief Justice. Loren Cook Co. ("Cook") seeks review of the decision of the Administrative Hearing Commission ("AHC") determining that the sale of an aircraft and subsequent purchase of another from different entities did not meet the requirements of the "taken in trade" exemption under section 144.025, RSMo Supp.2012. This Court finds that because the use of an intermediary did not transform the separate sale and purchase transactions into one trade-in transaction, Cook could...
PATRICIA BRECKENRIDGE, Judge. The treasurer of the State of Missouri as custodian of the second injury fund ("the fund") appeals four separate decisions of the labor and industrial relations commission that determined the fund was liable for compensation to injured claimants. The fund claims that the commission misinterpreted and misapplied the law in those decisions by combining or "stacking" injuries to meet the statutory thresholds in section 287.220.1 1 that trigger the fund's liability...
PAUL C. WILSON, Judge. William Zweig and the other named plaintiffs, on behalf of themselves and a class of similarly situated ratepayers ("Ratepayers"), sued the Metropolitan St. Louis Sewer District ("MSD") seeking declaratory, injunctive, and monetary remedies on the ground that MSD violated article X, section 22(a) of the Missouri Constitution when it implemented its "stormwater user charge" without prior voter approval. The trial court declared MSD's action unconstitutional, enjoined...
PER CURIAM. This case does not involve a challenge to the Missouri Constitution's ban on same-sex marriage. That is an issue for another day. Instead, Kelly Glossip, the same-sex partner of a deceased highway patrolman, presents a challenge to two statutes. The first provides benefits to a surviving spouse of a state highway patrolman who is killed in the line of duty. The second statute provides that the word "spouse" in the first statute shall refer only to a marriage between a man and a...
RICHARD B. TEITELMAN, Judge. The director of revenue seeks review of a decision of the administrative hearing commission in which the commission held that a taxpayer was not liable for use taxes following his in-state purchase of an airplane from an estate. The commission's decision is reversed because no use tax exemptions apply to the facts of this case. FACTS In 2002, Juanita Bridges liquidated her deceased husband's estate, which included an airplane. Bridges sold the airplane to Les...
PATRICIA BRECKENRIDGE, Judge. John Roe petitioned the Jackson County circuit court for declaratory and injunctive relief from a requirement that he register as a sex offender under the federal sex offender registration act ("SORNA"), 42 U.S.C. section 16901 to 16929. After discovery, the law enforcement officials against whom Mr. Roe filed suit moved for summary judgment. The circuit court granted the motion and entered judgment for the law enforcement officials. Mr. Roe appeals from the...
PER CURIAM. The Missouri State Auditor filed a declaratory judgment action challenging an announcement issued by the Governor of the State of Missouri allegedly withholding certain monies from the 2012 fiscal year ("FY 2012") state budget for the Missouri legislature, the Supreme Court of Missouri, and the office of the Auditor. The trial court found that the Governor has complete discretion to control the rate of expenditures and to withhold or reduce expenditures at any time provided that...
ZEL M. FISCHER, Judge. The survivors of Barbara Smith ("the Smiths") appeal from a judgment, entered following remand from the court of appeals for retrial solely on the issue of punitive damages, 1 finding Brown & Williamson Tobacco Corporation ("B & W") liable for punitive damages and awarding the Smiths $1.5 million. The Smiths contend that certain evidence admitted by the circuit court was outside the scope of the court of appeals' prior mandate, and the circuit court erred in...
PER CURIAM. Richard Hoover appeals from a judgment dismissing his individual and class action lawsuit against the defendant corporations, which own, operate or do business as St. John's Mercy Medical Center (collectively "Mercy"). Hoover asserts that the trial court erred in dismissing his petition because it sufficiently states a cause of action. The judgment is reversed, and the case is remanded. I. Facts and Procedure In March 2009, Hoover underwent surgery at Mercy. Mercy billed Hoover $...
GEORGE W. DRAPER III, Judge. Madonna Farrow (hereinafter, "Farrow") appeals from the circuit court's grant of summary judgment in favor of Saint Francis Medical Center (hereinafter, "Hospital") and Cedric C. Strange (hereinafter, "Doctor" and collectively "Defendants") on her eight-count petition that alleged violations of the Missouri Human Rights Act, section 213.010 et seq., RSMo 2000 (hereinafter, "the MHRA"), 1 and other common law claims related to the termination of her employment....
MARY R. RUSSELL, Chief Justice. An insurer that refused to defend its insured challenges its liability for damages that were agreed to in a settlement between the insured and a class of plaintiffs that brought suit alleging that the insured violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. section 227 et seq. After the class and the insured reached a settlement, the class filed a garnishment action against the insurer. The insurer sought a declaratory judgment that its policy...
GEORGE W. DRAPER III, Judge. Saint Charles County petitioned for review of an Administrative Hearing Commission's (hereinafter, "the Commission") decision determining that sales at the Saint Charles County Family Arena (hereinafter, "the Family Arena") were not exempt from sales tax pursuant to section 144.030.2(17), RSMo Supp.2011. 1 This Court has jurisdiction pursuant to article V, section 3, of the Missouri Constitution. The Commission's decision is affirmed. Factual and Procedural...
PATRICIA BRECKENRIDGE, Judge. The Humane Society of the United States, Dogwood Animal Shelter, and Stray Rescue of St. Louis, Inc., appeal a judgment against them in their declaratory judgment action against the State of Missouri and the Missouri Department of Agriculture. 1 The Humane Society's petition sought a declaration that Senate Bill 795 (2010), repealing and reenacting section 273.327, violated the prohibition in article III, section 21 of the Missouri Constitution that a bill cannot...
LAURA DENVIR STITH, Judge. A jury convicted Lance Shockley of first-degree murder for the 2005 shooting death of Missouri highway patrolman, Sergeant Carl DeWayne Graham, Jr. The jury found the facts required by law to be established in order to impose a death sentence but was unable to agree whether to recommend a sentence of death or of life imprisonment. Pursuant to section 565.030.4, RSMo 2000 1 , the trial court conducted an independent review of the facts and imposed a death sentence. Mr....
RICHARD B. TEITELMAN, Judge. William Sitton was convicted of involuntary manslaughter in the first degree, section 565.024, and armed criminal action, section 571.015. Sitton filed a petition for a writ of habeas corpus alleging that the trial court permitted otherwise qualified jurors to opt out of jury service by agreeing to perform community service. Sitton argues that this opt-out practice entitles him to habeas relief because it constitutes a fundamental and systemic failure to comply...
PAUL C. WILSON, Judge. Mr. Nathan was found guilty of first-degree murder for the death of Gina Stallis that occurred during a robbery and home invasion. He was 16 years old at the time he committed those crimes. The jury found Nathan guilty of 12 counts of burglary, assault, robbery and kidnapping in addition to the first-degree murder charge, and found him guilty of 13 associated counts of armed criminal action. After the jury returned these verdicts, Nathan waived jury sentencing pursuant...
PATRICIA BRECKENRIDGE, Judge. Janet Chochorowski filed a class-action lawsuit against Home Depot, claiming that Home Depot violated the Missouri Merchandising Practices Act (MMPA), section 407.010 et seq., 1 by automatically including a damage waiver fee in its tool rental agreement that Ms. Chochorowski signed when she rented a garden tiller. She also claimed the tool rental contract did not make clear that the damage waiver fee was optional and the damage waiver was of no value, allegedly...
MARY R. RUSSELL, Chief Justice. The driver of an automobile who was arrested for driving while intoxicated challenges the constitutional validity of sections 302.700 and 302.755. 1 These statutes disqualify drivers who are convicted of an alcohol-related traffic offense from driving a commercial vehicle for not less than one year. In the driver's trial de novo hearing challenging the suspension of his license, the trial court ruled that sections 302.500 2 and 302.700 violated the United...
MARY R. RUSSELL, Chief Justice. The plaintiff in an automobile accident case was not present during voir dire or at the beginning of the second morning of trial before opening statements commenced. Her attorney initially informed the trial court during voir dire that the plaintiff would not be attending the trial. After conversations with the court and defense counsel, the plaintiff's attorney announced that the plaintiff could be present if given additional time. Upon motion of the defendant,...
