Courts Bulletin - 3-Aug
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.

In this Issue

Administrative/Constitutional Law Letter to school board lawyer and vote on hiring lawyer were properly closed, but failure to appoint custodian of records subjects board members to penalty. [State of Missouri ex rel. Rochell Moore and Amy L. Hilgemann, Respondents/Cross-Appellants v. Harold Brewster and the Board of Education of the City of St. Louis, Appellants/Cross-Respondents], No. 81190 (Mo. App. E.D. July 29, 2003) Gaertner, Sr., J. Full Summary and Other Cases

Criminal Law In a case charging the defendant with the Class C felony of receiving stolen property, where the state has only proved that the defendant [possessed] the property but had not proved either that the possession was [unexplained] or that the property was [recently] stolen, the state failed to make a submissible case. Further, evidence that the defendant possessed recently stolen property was insufficient, alone, to prove that the defendant [knew] or [believed] the property to have been stolen. Lacking that evidence, only speculation supported the state's case and the judgment was reversed. [State v. Langdon], No. 85086 (Mo. banc July 29, 2003), Stith, J. Full Summary and Other Cases

Health & Hospital Law [In re Petition of Myrtle Spearman v. Western Missouri Mental Health Center], No. 61823 (Mo. App. W.D., June 30, 2003), Hardwick, J. Full Summary and Other Cases

Insurance Law Insured has no claim against agent for agent's alleged failure to procure underinsured motorist coverage. [John L. Jones, Appellant v. Debra Kennedy, Respondent], No. 25161, (Mo. App. S.D., June 26, 2003), Prewitt, J.} Full Summary and Other Cases

Juvenile Law (1) Failure to comply with a written service agreement does not constitute a ground for termination of parental rights, but is merely a factor to consider in deciding whether to terminate parental rights for failure to rectify, Section 211.447.4(3). (2) TPR for failure to rectify is reversed where mother makes steady and gradual improvement in her circumstances such that reunification is imminent, after which mother relapses by taking excessive amounts of prescription medication and discarding other prescription medication resulting in filing TPR petition. Judgment terminating parental rights for failure to rectify did not find mother was chemically dependent so as to render her unable to parent, but instead relied upon mother's failure to comply with written service agreements. (3) Although mother did not comply with the terms of the written service agreements, court of appeals finds that mother complied with the "majority" of the terms and was making sufficient progress such that the trial court erred in concluding that there was clear, cogent and convincing evidence establishing grounds for termination of parental rights for failure to rectify. [In Interest of C.N.G.], No. 62428 (Mo. App. W.D. July 22, 2003), Spinden, J., (C.N.G. #2). Full Summary and Other Cases

Labor Law - Federal Eighth Circuit holds physical threat precludes summary judgment in racial hostile work environment claim. [Reedy v. Quebecor Printing Eagle, Inc.], No. 02-3637 (8th Cir. June 30, 2003), Arnold, J. Full Summary and Other Cases

Medical Malpractice Juror's visit to hospital and report to other jurors during trial of conversations she heard there not sufficient to overturn verdict. [Madonna J. Williams v. Arthur S. Daus, M.D.], No. 25065 (Mo. App. S.D., July 30, 2003), Shrum, J. Full Summary and Other Cases

Taxation (Missouri Taxation Law & Practice Deskbook Update) Sales tax - sale of meals and drinks in company run employee cafeteria not subject to sales tax. [Shelter Mutual Insurance Company v. Director of Revenue], No. 84617 (Mo. banc, May 27, 2003). Price, J. Full Summary and Other Cases

Tort Law Order setting aside default judgment, rendered within ninety days, is interlocutory and non-appealable. [Estes v. Norwest Mortgage], No. 82102 (Mo. App. E.D., June 24, 2003) Mooney, J. Full Summary and Other Cases