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Courts Bulletin - Current Issue (March 2015)

The latest court decisions are summarized each month in the Courts Bulletin. This publication keeps Missouri Bar members current with rulings in selected areas of the law. Selected federal court opinion summaries, new or amended rules of court and other matters of interest to practitioners are also included from time to time. A panel of volunteer lawyers, all authorities in their respective subject areas, prepare the case summaries. Readers are encouraged to check Missouri CaseNet for the current status of any reported decisions.  

 In This Issue

Administrative Hearing Commission
Convicted drug felon successfully rehabilitated, was entitled to real estate salesperson’slicense. Belman v. Missouri Real Estate Comm’n, No. 14-1169 RE (Mo. AHC, January 14, 2015), Winn, C.
Full Summary and Other Cases  

Administrative Law
Adjudicator not subject to attorney fees. Garland vs. Jeffrey, et. al., No. 94230 (Mo. banc., February 3, 2015), Wilson, J.
Full Summary and Other Cases  

Constitutional Law
Case transferred to Supreme Court to address conflicting federal and state approaches to concepts of “probable cause” and “qualified immunity.” Copeland v. Wicks, No. 101012 (Mo. App. E.D., January 27, 2015), Mooney, P.J. 
Full Summary and Other Cases

Criminal Law
False testimony given at a protective custody hearing not excused by denial of counsel at that hearing. State v. Churchill, No. 94226 (Mo. banc., February 3, 2015), Wilson, J.
Full Summary and Other Cases

Taxation Law in Missouri
Use Tax – Taxpayer’s lease of an airplane to a common carrier constituted a sale exempt from use tax. Five Delta Alpha, LLC v. Director of Revenue, No. 94224 (Mo. banc., February 24,2015), Per Curiam. 
Full Summary and Other Cases

Workers' Compensation
The Second Injury Fund (“SIF”) has broad liability for medical combination permanent totals. Patterson v Central Freight Lines, No. 101451 (Mo. App. E.D., January 20, 2015), Ahrens, J.
Full Summary and Other Cases

Other Areas of Law
To rebut presumption of forfeitability of property under Missouri Criminal Activity Forfeiture Act, defendant must allege facts supporting conclusion that property seized in close proximity to controlled substance was not furnished, nor intended to be furnished, in exchange for the controlled substance and was not used, nor intended to be used to facilitate criminal activity. State ex rel. Forrest Wegge, Plaintiff/Respondent v. Keith Shrameyer, Defendant/Appellant, No. 101045 (Mo. App. E.D., August 26, 2014), Hess, J.
Full Summary and Other Cases