Feldhaus v. Missouri[1]

Opinion handed down April 20, 2010.
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri held that sentencing definitions of the Missouri Revised Statutes § 577.023[2] did not violate the void for vagueness doctrine, and, as a result, the appellant’s constitutional rights of due process were not violated.The court reaffirmed that an appellant cannot raise constitutional claims once he has been counseled and voluntarily pleaded guilty.

In re Nessa [1]

Opinion handed down April 9, 2010.
Link to Eighth Circuit Opinion

The Eighth Circuit Bankruptcy Appellate Panel (hereinafter BAP) held that an individual retirement account (hereinafter IRA), which a Chapter 7 bankruptcy debtor inherited from her father before filing for bankruptcy, was exempt from the bankruptcy estate under the Bankruptcy Code’s exemption for retirement funds. This decision is inconsistent with a Texas bankruptcy court, which had recently held that inherited IRAs do not fall within the federal exemption.

Rentschler v. Nixon[1]

Opinion handed down April 6, 2010, modified on court’s own motion May 11, 2010.
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri held (1) there is no constitutional right to early release from prison; (2) Mo. HB 974 (1990) deals with only one subject: “relating to the department of corrections”; (3) ex post facto considerations only apply to criminal matters; and (4) section 558.011 does not implicate a vested right nor create a new disability.