Friday, February 24, 2017

State v. Twitty

 Opinion handed down January 17, 2017

While it may be a seemingly straightforward crime, “possession of a chemical with the intent to create a controlled substance”[1] leaves significant lingering discord among Missouri courts regarding whether the requisite element of possession strictly refers to possession at the time of the arrest or whether it allows for more flexible temporal ranges.

Tuesday, February 14, 2017

State ex rel. Tipler v. Gardner

Opinion handed down January 31, 2017
            In State ex rel. Tipler v. Gardner, the Supreme Court of Missouri held that article I, section 18(c) of the Missouri Constitution applies to all trials that occur after its enactment date, December 4, 2014, regardless of the date when the charged conduct occurred.[1]  The constitutional provision at issue, passed into law by Missouri voters in the 2014 general election, allows evidence of prior criminal acts, charged or uncharged, to be introduced at trial for crimes of a sexual nature involving a child.[2]  Tipler had argued that this provision operated as an ex post facto law because the alleged crime occurred before this constitutional amendment was passed into law by Missouri voters.[3]  The court’s holding is an affirmation of the long-held principle that laws that affect evidentiary rules only are not ex post facto because the “event” that they modify is the trial itself, not the conduct which gave rise to the trial.