Courts Bulletin - 13-December

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
Church-operated coffee and gift shop entitled to sales tax exemption for its sales, because its purpose was a religious one. The Bridge Market and Faith Community v. Director of Revenue, No. 10-1431 RS (Mo. AHC, November 22, 2013), Winn, C.
Full Summary and Other Cases  

 
Administrative Law
Presumption is against bias. Buescher Memorial Home, Inc., et al. v. Missouri State Board of Embalmers and Funeral Directors, No. 75907 (Mo. App. E.D., November 15, 2013), Pfeiffer, P.J.
Full Summary and Other Cases  

 
Constitutional Law
Man who spent nearly a decade in prison ordered discharged because of Brady violation. In re: Ferguson v. Dormire, No. 76058 (Mo. App. W.D., November 5, 2013), Martin, J.
Full Summary and Other Cases  

 
Contract Law
Petition for writ of mandamus or writ of prohibition is denied. A provision in an arbitration agreement in employment contract was unconscionable and unenforceable although the rest of the arbitration agreement was enforceable. State ex rel. Hewitt v. Hon. Kristine Kerr, No. 100479 (Mo. App. E.D., October 22, 2013), Odenwald, J.
Full Summary and Other Cases  

 
Criminal Law
The Missouri constitutional ban on laws retrospective in operation does not apply to criminal laws. State v. Honeycutt, No. 92229 (Mo. banc, November 11, 2013), Fischer, J.
Full Summary and Other Cases

 
Family Law
When case is tried before a commissioner and approved by judge, timeline for motion for new trial is accelerated and thus accelerates the time for filing notice of appeal. Lenz v. Lenz, No. 32265 (Mo. App. S.D., October 31, 2013), Sheffield, J.
Full Summary and Other Cases

 
Immigration Law
Board of Immigration Appeals holds that possession of ammunition by a convicted felon is an aggravated felony. Matter of Rocco Oppedisano, 26 I&N Dec. 202 (BIA October 25, 2013). Board Members: Pauley, Gundelsberger and Malphrus.
Full Summary and Other Cases

 
Juvenile Law
Father’s claim that trial court lacked authority under UCCJA was waived when not raised for over two years. Father’s objection to personal jurisdiction was waived where he received the required notice, participated in the case, and did not raise the issue at the earliest opportunity. Failure to conduct termination of parental rights (TPR) trial within 30 days of meeting was waived where Father agreed to a date outside the time period and then filed numerous motions and received continuances he requested. Trial judge was not required to recuse despite lawsuits and complaint filed against judge where there was no evidence of bias or prejudice stemming from an extrajudicial source. TPR for neglect is affirmed where Father had only token visitation and contact, paid only token support, and where Father’s actions caused child to suffer from an adjustment disorder. Mo. Dept. of Social Services v. B.T.W., No. 76323 (Mo. App. W.D., November 26, 2013).
Full Summary and Other Cases

 
Local Government
Red-light camera ordinance violates state law and is void. Edwards v. Ellisville, No. 99389 (Mo. App. ED., November 5, 2013), Odenwald, J.
Full Summary and Other Cases

 
Property Law
A party’s inviting the error which is then complained to be an error for appeal purposes cannot obtain such relief on appeal. Percy’s High Performance, Inc. v. Krough, et al., No. 32121 (Mo. App. S.D., October 25, 2013), Sheffield, J.
Full Summary and Other Cases

 
Public Service Commission
Solar power provisions on procedure and substance discussed. Babb, et al. v. Missouri Public Service Commission, et al., No. 76384 (Mo. App. W.D., November 26, 2013), Witt, J.
Full Summary and Other Cases

 
Taxation Law in Missouri
Hancock Amendment – “stormwater user charge” implemented without voter approval violated Hancock Amendment; however, refund claims not allowed. Zweig, et al. v. Metropolitan St. Louis Sewer District, No. 92581 (Mo. banc, November 12, 2013), Wilson, J.
Full Summary and Other Cases

 
Transportation Law
In determining whether a load deficit is hidden or open, two factors should be considered: (1) the experience of the carrier, and (2) whether the shipper gave any assurances regarding the security of the load. Aragon v. Walmart Stores East, LP, et. al., United States Court of Appeals, 8th Circuit (November 13, 2013)
Full Summary and Other Cases