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.
Tuesday, December 16, 2008
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]
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.
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.
Tuesday, November 4, 2008
Great Southern Bank v. Director of Revenue[1]
Opinion handed down November 4, 2008
Link to Mo. Sup. Ct. Opinion
The "taken in trade" provision of Missouri tax law exempts a party from a sale or use tax on a newly acquired asset up to the value of the traded-in asset. In a case of first impression, the Supreme Court of Missouri strictly construed the exemption and held that a transaction by Great Southern Bank did not qualify as a tax-exempt trade because it was a mere legal fiction created to minimize taxation.
Link to Mo. Sup. Ct. Opinion
The "taken in trade" provision of Missouri tax law exempts a party from a sale or use tax on a newly acquired asset up to the value of the traded-in asset. In a case of first impression, the Supreme Court of Missouri strictly construed the exemption and held that a transaction by Great Southern Bank did not qualify as a tax-exempt trade because it was a mere legal fiction created to minimize taxation.
Tuesday, October 28, 2008
Dickerson v. State[1]
Opinion handed down October 28, 2008
Link to Mo. Sup. Ct. Opinion
The Missouri Supreme Court held that an evidentiary hearing under a motion for post-conviction relief was warranted based on appellant’s claim that his trial counsel was ineffective and that the absence of facts in the record was not enough to refute the appellant’s claims. The criminal defense attorney had failed to object to the client’s shackling at trial. The record did not say whether appellant had been shackled.[1]
Link to Mo. Sup. Ct. Opinion
The Missouri Supreme Court held that an evidentiary hearing under a motion for post-conviction relief was warranted based on appellant’s claim that his trial counsel was ineffective and that the absence of facts in the record was not enough to refute the appellant’s claims. The criminal defense attorney had failed to object to the client’s shackling at trial. The record did not say whether appellant had been shackled.[1]
State v. Freeman
Opinion handed down October 28, 2008
Link to Mo. Sup. Ct. Opinion
The Missouri Supreme Court held that the jury that convicted Samuel A. Freeman of first degree murder had a sufficient basis to find guilt beyond a reasonable doubt; the trial court did not err in admitting demonstrative evidence of bottles of the type that the state asserted Freeman used in the murder; and the trial court did not err in refusing to admit a note Freeman’s mother purportedly wrote.
Link to Mo. Sup. Ct. Opinion
The Missouri Supreme Court held that the jury that convicted Samuel A. Freeman of first degree murder had a sufficient basis to find guilt beyond a reasonable doubt; the trial court did not err in admitting demonstrative evidence of bottles of the type that the state asserted Freeman used in the murder; and the trial court did not err in refusing to admit a note Freeman’s mother purportedly wrote.
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