Courts Bulletin - 13-September

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
Commission denied a probated registered nurse license to applicant, even though Board of Nursing granted her a probated license, because she lacked good moral character. Brown v. Missouri State Bd. of Nursing, No. 13-0182 BN (Mo. A.H.C., Aug. 27, 2013), Barragan-Scott, C.
Full Summary and Other Cases  

 
Administrative Law
Criminal statutes, but not standards, incorporated. Schumer vs. Lee, Director, Department of Public Safety, Case No. 75917 (Mo. App. W.D., July 30, 2013), Pfeiffer, J.
Full Summary and Other Cases  

 
Civil Practice and Procedure
You cannot default a defendant who has answered. Kiser v. Wideman, Sr., et al., No. 98662 (Mo. App. E.D., June 8, 2013), Dowd, J.
Full Summary and Other Cases  

 
Criminal Law
Defendant committed stealing by deceit by his scheme of writing checks on his account, reporting them stolen, and stopping payment. State v. Holbruck, No. 75037 (Mo. App. W.D., August 6, 2013), Howard, J.
Full Summary and Other Cases  

 
Juvenile Law
Adult court, after certification, is not bound solely to factual allegations raised, or violations asserted, in the juvenile court petition. Certification procedure is not unconstitutional because: (1) consideration of statutory criteria to determine if juvenile should be certified is not the type of determination understood by the framers of the Bill of Rights to be within the jury’s domain; and, (2) certification findings do not increase available punishment, but only determines which court has final jurisdiction over the juvenile. State v. Williams, No. 98523 (Mo. App. E.D., September 17, 2013), Sullivan, J.
Full Summary and Other Cases

 
Labor Law
The employee was properly denied unemployment benefits due to misconduct connected with work because his refusal to take a random drug test was a willful violation of the employer’s policy. Zych v. Wilson Waste Systems, LLC, et al., No. 99204 (Mo. App. E.D., June 28, 2013), Dowd, Jr., P.J.
Full Summary and Other Cases

 
Probate and Trust Law
While the trustee of a trust may authorize an agent to act on its behalf, such trustee and the trust will be liable for any contracts entered into by the agent where the agent enters into a contract on behalf of the trust without disclosing his agency or without disclosing the identity of the principal provided that the trustee of the trust authorized the agent. Lorimont Place, Inc. v. Jerry Lipps, Inc., et al., No. 98455 (Mo. App. E.D., June 25, 2013), Clayton, III, J.
Full Summary and Other Cases

 
Workers' Compensation
A truly unexplained fall is not compensable. Porte v. RPCS, Inc., No. 32492 (Mo. App. S.D., June 26, 2013), Francis, J.
Full Summary and Other Cases