Kesler-Ferguson v. Hy-Vee, Inc.[1]

Opinion handed down December 16, 2008[1]
Link to Mo. Sup. Ct. Opinion

The Missouri Supreme Court held: (1) a trial court, when ruling on a Batson challenge to a peremptory strike, may assess the credibility and demeanor of the striking party’s explanation to determine whether the explanation is pretexual; and (2) the trial court’s determinations are dependent on its evaluation of credibility and demeanor in the courtroom at the time of the challenge and should be afforded wide deference.

In re Van Orden[1]

Opinion handed down December 16, 2008
Link to Mo. Sup. Ct. Opinion

The Missouri Supreme Court held that the “clear and convincing evidence” burden of proof in civil commitment proceedings for sexually violent predators is constitutional. The Court found that the standard of “beyond a reasonable doubt,” which was required prior to the 2006 amendment to Missouri’s Sexually Violent Predator Act, is inappropriate for a civil commitment proceeding.[1]

State v. Latall[1]

Opinion handed down December 16, 2008
Link to Mo. Sup. Ct. Opinion

The Missouri Supreme Court held: (1) the defendant met his burden of production by introducing evidence that he had good cause for not paying child support owed to his child’s mother; and (2) the State failed to present sufficient evidence to find beyond a reasonable doubt that the defendant lacked good cause for his failure to pay, thus, overturning his conviction for criminal nonsupport.