Courts Bulletin - 11-Oct

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

Criminal Law
Neither involuntary manslaughter by criminal negligence nor second degree endangering the welfare of a child is a lesser included offense of felony murder that is based upon the predicate offense of first degree child endangerment. State v. Lumpkins, No. 71602 (Mo. App. W.D., September 20, 2011), Welsh, J.
Full Summary and Other Cases

Juvenile Law
Trial court was not without subject matter jurisdiction due to alleged erroneous appointment of Father to serve as child’s next friend in Uniform Parentage Act (UPA) case because (1) the UPA cannot take away subject matter jurisdiction granted by Constitution; and, (2) although the UPA has a permissive list of who may be appointed next friend for a minor, Rule 52.02 does not, and to the extent of any inconsistency, the Rule controls. In re E.A.K. by next friend R.L.K., No. 30936 (Mo. App. S.D., September 20, 2011).
Full Summary and Other Cases

Local Government
Missouri Supreme Court to determine whether the “heritage value” enhancement statute unconstitutionally exceeds the “just compensation” to be paid for a government taking. City of Richmond Heights v. Gasway, No. 95791 (Mo. App. E.D., September 20, 2011), Mooney, J.
Full Summary and Other Cases

Property Law
Assessor’s valuation of real property using an approved cost method is presumptively valid until rebutted with substantial and persuasive evidence showing the value excessive. Drury Chesterfield, Inc., v. Muehlheausler, Assessor St. Louis County, No. 93686 (Mo. App. E.D., August 16, 2011), Pelikan, S.J.
Full Summary and Other Cases

Taxation Law in Missouri
Sales Tax - theater concession food sales not subject to reduced sales tax rate. Wehrenberg, Inc. v. Director of Revenue, No. 91283 (Mo. banc, October 4, 2011) Teitelman, C.J.
Full Summary and Other Cases

Tort Law
 Automobile tort defendant not entitled to a reduction of judgment amount under Section 537.060 for settlement paid by doctor on malpractice claim for treating injuries arising out the same accident. Gibson v. City of St. Louis, et al., No. 95949 (Mo. App. E.D., September 20, 2011), Crane, J.
Full Summary and Other Cases

Other Areas of Law
Alford plea to sex offense followed by suspended imposition of sentence qualifies as “conviction” under federal Sex Offender Registration and Notification Act, which provides independent registration requirement for sex offenders. John Doe v. Colonel Keathley, No. 72121 (Mo. App. W.D., April 26, 2011), Ahuja, C.J. 
Full Summary and Other Cases