If the sentencing for this crack cocaine case occurred today for the first time, a judge's decision to sentence the man to 20 years would likely be upheld on appeal.
Read More »Nursing home rates case comes to close
The Missouri Court of Appeals Western District has ended a four-year dispute over Medicaid reimbursement rates for nursing homes. The Missouri Supreme Court heard arguments in the case earlier this year but issued no opinion in the case, instead volleying ...
Tagged with: Missouri Department of Social Services
Read More »Eastern District rules man not competent to stand trial for rape
The Missouri Court of Appeals Eastern District has reissued its opinion granting a man a mistrial after finding he was not competent. The court had transferred the case to the Missouri Supreme Court “in light of the general interest and ...
Tagged with: Competency Department of Mental Health Missouri Court of Appeals Eastern District
Read More »Supreme Court settles subrogation venue issue
The Missouri Supreme Court says circuit court is the proper venue for the Second Injury Fund to assert a subrogation interest. The question before the court was whether the Labor and Industrial Relations Commission or the circuit court has the ...
Tagged with: Missouri Supreme Court Subrogation Workers' Compensation Law
Read More »Court: Kindness to animals gets you a tax break
Charity is charity, whether the recipient has two legs or four, the Missouri Court of Appeals Western District ruled on Thanksgiving week. The court reversed and remanded a State Tax Commission decision last week, saying that when it comes to ...
Tagged with: Richard Johnson State Tax Commission Steven Stevenso
Read More »Court calls for expert rules review
By Alyson E. Raletz Appellate court decisions have winners and losers. There are the fist-pumping prevailing attorneys, and then there are the lawyers ready to march back into the partner’s office with a fitting explanation for the defeat before the ...
Tagged with: Crown Power and Equipment Co. discovery expert witness Larry Tyrl Michael A. Wolff Missouri Supreme Court William Ray Price Jr. Zel M. Fischer
Read More »Fake urine sample earns man a forgery charge
Han van Meegeren copied paintings by the Dutch master Vermeer. The subject of “Catch Me If You Can,” Frank William Abagnale Jr., passed off $2.5 million in fake checks. Robert Smothers, of Randolph County, works in a different medium – ...
Tagged with: Drug Test forgery charge Gary G. Sprick Randolph County urine sample Whizzinator
Read More »State high court delves into Second Amendment
The Missouri Supreme Court unanimously ruled on Tuesday that a statute barring the possession of a firearm while intoxicated is not unconstitutional, which means that a southeast Missouri man will have to stand trial for an alleged violation of the ...
Tagged with: firearm John L. Richard Mississippi County Missouri Supreme Court possession of firearm while intoxicated second amendment
Read More »Samoan official files suit over arrest in Branson
A Samoan government official arrested and charged for falsely representing himself as a U.S. citizen is suing various government agents involved in the alleged unlawful detention. On Sept. 9, 2008, Hans Joachim Keil was detained in Branson after he was ...
Tagged with: Hans Joachim Keil Rekha-Sharma Crawford Samoa
Read More »Hostess can’t sue over request to not seat blacks
A woman who says she was fired for complaining about a fellow employee’s act of racial discrimination has no standing to sue, a judge ruled. Doris DeRyke sued last year after she lost her job at a Cracker Barrel restaurant ...
Tagged with: Civil Rights Act Cracker Barrel Title VII
Read More »8th Circuit upholds lethal injection here
A federal appeals court ruled against a group of death row inmates who challenged the way Missouri carries out executions. The decision, handed down Tuesday by the 8th U.S. Circuit Court of Appeals, was welcomed by Missouri Attorney General’s Office. ...
Tagged with: 8th U.S. Circuit Court of Appeals cruel and unusual death penalty Eighth Amendment Lethal Injection
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