Courts Bulletin - 14-February

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
License of dentist who drove to work drunk and was arrested before treating patients was subject to discipline for alcohol impairment, misconduct, gross negligence, and violation of professional trust and confidence, but not for fraud, misrepresentation, dishonesty, or drunkenness. Alford plea was not evidence of conduct, but admission during his testimony was. Missouri Dental Bd. v. Glassman, Nos. 10-0498 & 11-2156 DB (Mo. AHC, Jan. 3, 2014), Nelson, C.
Full Summary and Other Cases  

 
Civil Practice and Procedure
Court enforcement of settlements. State of Missouri, ex rel., American Bouvier Des Flandres, Club, Inc. v. Honorable Michael T. Jamison, No. 1004047 (Mo. App. E.D., November 12, 2013), Van Amburg, J.
Full Summary and Other Cases  

 
Constitutional Law
Defendant has no First Amendment right to send e-mails for the purpose of attempting to induce a child to engage in a sexual performance. State of Missouri v. Blankenship, No. 93084 (Mo. banc, December 10, 2013), Draper III, J.
Full Summary and Other Cases  

 
Criminal Law
Failing to make every reasonable effort to hold probation revocation hearings during the term of probation divested the court of the authority to do so once the probationary periods ran. State ex rel. Strauser, et al. v. Martinez, No. 93340, consolidated with No. 93345 (Mo. Banc, January 14, 2014), Russell, J.
Full Summary and Other Cases

 
Juvenile Law
The presumption of parental unfitness was not rebutted by Mother and Termination of Parental Rights (TPR) is affirmed for parental unfitness where Mother, while having made some progress, continued to suffer from various mental issues, could not provide a safe environment for children, continued to have issues with boundaries and anger management, and was unable to supervise the children during visits. In Interest of D.T.L. and C.J.L., Nos. 32759 and 32760 (Mo. App. S.D., January 27, 2014), Rahmeyer, P.J.
Full Summary and Other Cases

 
Local Government
Contents of internal investigation report determines whether the report was an exempt disciplinary record or a disclosable criminal investigative report under the Sunshine Law. Laut v. City of Arnold, No. 99424 (Mo. App. E.D., December 3, 2013), Gaertner, J.
Full Summary and Other Cases

 
Medical Malpractice
Medical malpractice/wrongful death action against physicians related to treatment of mother for deep vein thrombosis in left leg. Physicians treated with anticoagulants which caused a cerebral bleed, leading to the death of mother. Jury verdict for defendants. Plaintiffs’ appeal was based on: (a) Batson challenge, (b) juror non-disclosure, and (c) posts on Facebook by foreperson. J.T. and A.T., et al. v. Anbari, et al., No. 32562 (Mo. App. S.D., January 23, 2014), Sheffield, J.
Full Summary and Other Cases

 
Taxation Law in Missouri
Sales Tax Exemption – Organization that hosts religious services and sells coffee and tea drinks entitled to sales tax exemption. 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

 
Transportation Law
City’s red light camera ordinance, which permitted the prosecution and penalization of persons who were not actually driving the vehicle, was void and unenforceable because it was in conflict with state law. City of Moline Acres v. Brennan, No. 99787 (Mo. App. E.D., January 28, 2014), Van Amburg, P.J.
Full Summary and Other Cases