Courts Bulletin - Current Issue (July 2014)

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.

On November 6, 2012 an opinion was mistakenly handed down in Western District Court of Appeals case WD74661, State vs. Benjamin Scott Owen. At the court’s request this opinion has been withdrawn and followed up with a per curiam order on December 4, 2012. The opinion in this case should not be cited or used in any case before any court.

 In This Issue

Administrative Law
Administrative review is constitutional; decision is final for agency but not for courts. Impey v. Missouri Ethics Commission, et al., No. 93698 (Mo. banc, June 24, 2014), Fischer, J.
Full Summary and Other Cases  

Constitutional Law
Sentence of life without parole for first-degree murder violates juvenile offender’s Eighth Amendment rights under certain circumstances. State of Missouri v. Olivas, No. 75388 (Mo. App. W.D., May 27, 2014), Witt, J. 
Full Summary and Other Cases  

Criminal Law
Companion case to Jackson; trial court erred in not giving Defendant’s requested instruction on the “nested” lesser included offense of possession. State v. Pierce, No. 93321 (Mo. banc, June 24, 2014), Wilson, J.
Full Summary and Other Cases  

Elder Law
Missouri MO HealthNet Update
Full Summary and Other Cases

Public Service Commission
Decision on access fees affirmed. Big River Telephone Company, LLC v. Southwestern Bell Telephone Company, D/B/A AT&T Missouri, et al., No. 76420 (Mo. App. W.D., June 3, 2014), Mitchell, J.
Full Summary and Other Cases

Workers' Compensation
The alleged failure of an Employer/Insurer to comply with an award of compensation cannot form the basis for a tort action for damages in Missouri. Deane v. Missouri Employer’s Mutual, No. 76508 (Mo. App. W.D., April 29, 2014), Ellis, P.J.
Full Summary and Other Cases