Opinion handed down Jan. 27, 2009
Link to Mo. Sup. Ct. Opinion
The Supreme Court of Missouri held that the statutory provision requiring a parent to post a bond prior to filing a petition to modify a child custody order is not jurisdictional in nature.[1] This holding abrogates a prior case, Miller v. Miller,[2] which determined that the statutory condition is a matter of personal jurisdiction.
Tuesday, January 27, 2009
State v. Teer[1]
Opinion handed down January 27, 2009[1]
Link to Mo. Sup. Ct. Opinion
The Supreme Court of Missouri invalidated the sentence received by a defendant convicted of manslaughter because after the case had been submitted to the jury, the state amended the charges to allege that the defendant was also a prior felony offender, in contravention of statutory procedure. Because the prior offender status led to a longer sentence, the Supreme Court of Missouri held that the action constituted prejudicial error and reversed the sentencing.
Link to Mo. Sup. Ct. Opinion
The Supreme Court of Missouri invalidated the sentence received by a defendant convicted of manslaughter because after the case had been submitted to the jury, the state amended the charges to allege that the defendant was also a prior felony offender, in contravention of statutory procedure. Because the prior offender status led to a longer sentence, the Supreme Court of Missouri held that the action constituted prejudicial error and reversed the sentencing.
Tuesday, January 13, 2009
Lawrence v. Beverly Manor[1]
Opinion handed down January 13, 2009
Link to Mo. Sup. Ct. Opinion
The Missouri Supreme Court held that an arbitration agreement found in a nursing home admission contract did not bind a plaintiff in a wrongful death action against the nursing home because a wrongful death claim is not "derived through" an underlying tort claim of the decedent.[2] The lawsuit, therefore, could proceed without arbitration. The holding clarified a previous decision where the Court stated that, for the purpose of venue, a wrongful death claim is not a new cause of action but one "derivative of the underlying tortious acts."[3]
Link to Mo. Sup. Ct. Opinion
The Missouri Supreme Court held that an arbitration agreement found in a nursing home admission contract did not bind a plaintiff in a wrongful death action against the nursing home because a wrongful death claim is not "derived through" an underlying tort claim of the decedent.[2] The lawsuit, therefore, could proceed without arbitration. The holding clarified a previous decision where the Court stated that, for the purpose of venue, a wrongful death claim is not a new cause of action but one "derivative of the underlying tortious acts."[3]
Bechtel v. Missouri Department of Social Services[1]
Opinion handed down January 13, 2009
Link to Mo. Sup. Ct. Opinion
I. Introduction
In January, 2009, the Missouri Supreme Court found that a provision of the legislatively overhauled PersonalCare Assistance (PCA) program, which excluded individuals who had a legal guardian appointed for reasons of mental disability violated the Americans with Disabilities Act (ADA). Appellant, a woman with a disability who had received benefits under the PCA program before the change, was subsequently denied PCA benefits after the amendment’s passage. The Court did not decide whether funding Appellant received under the Missouri Health Net program was a “reasonable accommodation” under the ADA.
Link to Mo. Sup. Ct. Opinion
I. Introduction
In January, 2009, the Missouri Supreme Court found that a provision of the legislatively overhauled PersonalCare Assistance (PCA) program, which excluded individuals who had a legal guardian appointed for reasons of mental disability violated the Americans with Disabilities Act (ADA). Appellant, a woman with a disability who had received benefits under the PCA program before the change, was subsequently denied PCA benefits after the amendment’s passage. The Court did not decide whether funding Appellant received under the Missouri Health Net program was a “reasonable accommodation” under the ADA.
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