Courts Bulletin - 4-Sep
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 Hearing Commission Director of Public Safety has no power to make regulations governing peace officers, except continuing education. [Director of Public Safety v. Baise], No. 04-0390 PO (July 7, 2004), Winn, C. Full Summary and Other Cases

Administrative/Constitutional Law Official may both initiate and decide case. [Lewis v. City of University City], No. 83042 (Mo. App. E.D., July 20, 2004), Hoff, J. Full Summary and Other Cases

Commercial Law Demand letter for release of a deed of trust must give notice to mortgagee that mortgagor is invoking statute to enforce his rights. [Garr v. Countrywide Home Loans, Inc.], No. 85578 (Mo. banc, July 1, 2004), Schroeder, J. Full Summary and Other Cases

Criminal Law Supreme Court expands prisoner's rights to petition court without costs. [State ex rel. Francis v. McElwain], No. 85648 (Mo. banc, August 3, 2004), Limbaugh, J. Full Summary and Other Cases

Family Law Paternity needs to be established as a prelude to asserting parental rights. [Brown v. Shannahan], No. 83007 (Mo. App. E.D., August 10, 2004), Crahan, J. Full Summary and Other Cases

Insurance Law Disability insurer failed to establish that insured fraudulently misrepresented his mental condition in his application for insurance and therefore insurer was not entitled to rescind disability policy. [Stacy K. Shirkey, Appellant v. Guarantee Trust Life & Insurance Company, Respondent], No. 63191 (Mo. App. W.D., August 10, 2004), Newton, P.J. Full Summary and Other Cases

Juvenile Law (1) Request for pre-trial discovery of privileged records is properly evaluated under the due process clause of the fourteenth amendment. (2) U.S. Supreme Court has approved a procedure for in camera review of privileged records where a statute creating the privilege is qualified. (3) Section 453.121 does not expressly contemplate disclosure of adoption records for use in judicial proceedings, however, this does not necessarily foreclose disclosure thereof if due process rights of the defendant in a criminal case require such disclosure. (4) Once defendant makes a preliminary showing that the privileged information is likely to contain evidence useful to his defense, the privilege must yield to defendant's constitutional rights and the trial court must conduct an in camera inspection of the privileged records. [State of Missouri, ex rel. Theodore White, Jr., Relator v. The Honorable Jon Gray, Respondent], No. 64085 (Mo. App. W.D., August 24, 2004), Breckenridge, J. Full Summary and Other Cases

Labor Law - Federal Eighth Circuit holds white employee's complaints regarding employer's anti-Japanese remarks were sufficiently related to his termination to establish a prima facie case of retaliation under 1981. [Bainbridge v. Loffredo Gardens, Inc.], 378 F.3d 756 (8th Cir. Aug. 4, 2004). Full Summary and Other Cases

Missouri Taxation Law & Practice Deskbook Update Sales tax - taxpayer qualified as engineering firm eligible for tax exemption on purchases of computers and software. [Murphy Company Mechanical Contractors & Engineers v. Director of Revenue], No. 03-0425 RS (Mo. Admin. Hearing Comm., June 8, 2004), Doughty, C. Full Summary and Other Cases