Tuesday, May 26, 2009

State of Missouri v. Jacob R. Pribble

Opinion handed down May 26, 2009[1]
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri held that section 566.151, a newly enacted emergency measure that criminalizes enticement of a child, is not unconstitutional. Specifically, the court held that the prescribed punishment was not cruel and unusual, and the statute itself was not unconstitutionally vague or overbroad. Finally, the court held that the statute was enacted pursuant to a valid and supported legislative determination that an emergency existed so as to justify the waiver of the standard ninety-day waiting period before a newly enacted law takes effect.

State v. Gaw

Opinion handed down May 26, 2009[1]
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri held that a criminal suspect's waiver of Miranda rights is valid even if he was previously questioned on the same subject while in custody and prior to receiving a Miranda warning. The court held that statements made both before and after a Miranda warning were admissible if the questioning officer did not intentionally undermine Miranda by withholding the warning.

Tuesday, May 5, 2009

Jay Wolfe Imports Missouri, Inc. v. Director of Revenue

Opinion handed down May 5, 2009
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri held that an auto dealership was not entitled to corporate income tax apportionment on income from vehicles purchased by out-of-state buyers. Before apportionment of a corporation’s income is allowed, the corporation must first have income produced outside of Missouri. When a buyer purchases and takes delivery of an auto in Missouri, the sale is deemed to have occurred wholly within Missouri, even if the buyer lists an out-of-state address in the dealership’s records. The court affirmed the tax assessment of the Director of Revenue and the Administrative Hearing Commission.