Courts Bulletin - 4-Feb
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

Bankruptcy Law Debtor forfeits the right to rely on Rule 4004 timeliness if the debtor does not raise the time limitation before the bankruptcy court reaches the merits of the creditor's objection to discharge. [Kontrick v. Ryan], 124 S.Ct. 906 (Jan. 14, 2004). Full Summary and Other Cases

Criminal Law Mental state required for armed criminal action must be purposely or knowingly, not that of the underlying felony. Additionally, ordinary objects can become dangerous instruments supporting an armed criminal action charge if they are used in a manner likely to cause death or serious physical injury, and it is not necessary to show that the defendant had the subjective intent to use them in such a manner. [State of Missouri, Respondent v. Paul E. Williams, Appellant], No. 85355 (Mo. banc, January 13, 2004), Wolff, J. Full Summary and Other Cases

Family Law Necessary findings regarding child custody and necessary determinations in parenting plans. [Cluck v. Cluck], No. 25288 (Mo. App. S.D., December 1, 2003), Rahmeyer, J. Full Summary and Other Cases

Health & Hospital Law The location of any one of multiple nonprofit corporate defendants can determine venue. [State ex rel. BJC Health System, et al. v. Hon. Margaret M. Neill], Nos. 85215, 85132, 85135 and 85138 (Mo. banc, November 4, 2003), Benton, J. Full Summary and Other Cases

Juvenile Law (1) TPR for foster care 15 of the most recent 22 months is NOT a separate ground for termination of parental rights and previous cases so holding are overruled. (2) 211.447.2(1) is merely a trigger requiring the filing of a TPR petition for other grounds set forth in 211.447.2 or 211.447.4. (3) Remaining grounds of 211.447.2 - abandonment and certain criminal acts - are grounds for TPR as they, unlike 211.447.2(1), describe conduct rendering a parent unfit. [In Interest of M.D.R.], No. 85208 (Mo. banc, January 14, 2004), Wolff, J. Full Summary and Other Cases

Local Government [Greg Coursen and Carolyn Coursen, Plaintiff-Appellants v. City of Sarcoxie, Missouri, Defendant-Respondent], No. 25395 (Mo. App. S.D., January 14, 2004), Bates, J. Full Summary and Other Cases

Medical Malpractice Venue exists for all jointly-liable or commonly-liable defendants where it exists for one defendant, whether defendants are non-profit, or for profit. [State ex rel. BJC Health System and Christian Hospital v. The Honorable Margaret M. Neill, Judge, Circuit Court, City of St. Louis, Division I, consolidated with State ex rel. David Trimble, et al. v. The Honorable Margaret M. Neill, Judge, Circuit Court, City of St. Louis, Division I], Nos. 85215 & 85132 (Mo. banc, December 23, 2003) Benton, J. Full Summary and Other Cases

Property Law State forfeiture of cash and real property upheld after federal conviction on drug charges. [Donald R. Ware, Appellant, vs. State of Missouri, Respondent], No. 82803 (Mo. App. E.D., December 23, 2003), Ahrens, P.J. Full Summary and Other Cases

Tort Law Notice of appeal filed without docket fee is not valid. [Bussell v. Tri-Counties Humane Society], No. 83646 (Mo.App. E.D., January 13, 2004), Sullivan, C.J. Full Summary and Other Cases

Other Areas of Law Trial court lacked authority to appoint a special prosecutor when the prosecutor's office refused to entertain plea negotiations with a specific criminal defense attorney. [State v. Honorable Cynthia M. Eckelkamp], No. 83609 (Mo. App. E.D., January 20, 2004), Sullivan, C.J. Full Summary and Other Cases