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  • Commentaries
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Missouri Case Commentaries

No Shortcut to the Supreme Court: Missouri’s Clarified Rule on Appellate
            Jurisdiction over Preliminary Injunctions

No Shortcut to the Supreme Court: Missouri’s Clarified Rule on Appellate Jurisdiction over Preliminary Injunctions

Date: Aug 14, 2025
No Shortcut to the Supreme Court: Missouri’s Clarified Rule on Appellate Jurisdiction over Preliminary Injunctions 1. Introduction In Comprehensive Health of Planned Parenthood Great Plains v. State...
“The Rhodes Rule”: Missouri Supreme Court Re-Affirms that an Order Is Not Appealable Unless Every Requested Remedy—Legal and Equitable—Is Expressly Resolved

“The Rhodes Rule”: Missouri Supreme Court Re-Affirms that an Order Is Not Appealable Unless Every Requested Remedy—Legal and Equitable—Is Expressly Resolved

Date: Aug 14, 2025
“The Rhodes Rule”: Missouri Supreme Court Re-Affirms that an Order Is Not Appealable Unless Every Requested Remedy—Legal and Equitable—Is Expressly Resolved 1. Introduction Kevin Rhodes, a former...
From “Merely Incidental” to “Substantial”: Missouri Supreme Court Redefines the Kidnapping Element in State v. Dustin Curtis Winter

From “Merely Incidental” to “Substantial”: Missouri Supreme Court Redefines the Kidnapping Element in State v. Dustin Curtis Winter

Date: Aug 14, 2025
From “Merely Incidental” to “Substantial”: Missouri Supreme Court Redefines the Kidnapping Element in State v. Dustin Curtis Winter Introduction In State of Missouri v. Dustin Curtis Winter, No....
Distinguishing Weapons Offenses from “Marijuana Offenses” Under Missouri Amendment 3 – A Commentary on C.S. v. Missouri State Highway Patrol CJIS (Mo. banc 2025)

Distinguishing Weapons Offenses from “Marijuana Offenses” Under Missouri Amendment 3 – A Commentary on C.S. v. Missouri State Highway Patrol CJIS (Mo. banc 2025)

Date: Jul 23, 2025
Distinguishing Weapons Offenses from “Marijuana Offenses” Under Missouri Amendment 3 A Comprehensive Commentary on C.S. v. Missouri State Highway Patrol Criminal Justice Information Service, 645...
Mack v. Missouri – Curtailing the Abandonment Doctrine and Foreclosing Re-litigation of Direct-Appeal Issues in Rule 29.15 Proceedings

Mack v. Missouri – Curtailing the Abandonment Doctrine and Foreclosing Re-litigation of Direct-Appeal Issues in Rule 29.15 Proceedings

Date: Jul 23, 2025
Mack v. Missouri – Curtailing the Abandonment Doctrine and Foreclosing Re-litigation of Direct-Appeal Issues in Rule 29.15 Proceedings 1. Introduction In Cedric Dewayne Mack v. State of Missouri, the...
“The Sentencing-Date Rule” & the Limits of the Abandonment Doctrine: Commentary on Christopher A. Scott v. State of Missouri (Mo. banc 2025)

“The Sentencing-Date Rule” & the Limits of the Abandonment Doctrine: Commentary on Christopher A. Scott v. State of Missouri (Mo. banc 2025)

Date: Jul 23, 2025
“The Sentencing-Date Rule” & the Limits of the Abandonment Doctrine Commentary on Christopher A. Scott v. State of Missouri Supreme Court of Missouri, en banc, July 22, 2025 1. Introduction In...
McCarty v. OCDC: Whistle-Blowing Does Not Trump Attorney-Client Confidentiality for Former Government Lawyers

McCarty v. OCDC: Whistle-Blowing Does Not Trump Attorney-Client Confidentiality for Former Government Lawyers

Date: Jul 23, 2025
McCarty v. OCDC: Whistle-Blowing Does Not Trump Attorney-Client Confidentiality for Former Government Lawyers 1. Introduction In In re: Ryan Christopher McCarty, the Supreme Court of Missouri,...
“Record-Based Abandonment”:  The Missouri Supreme Court Dispenses with Remand when Counsel’s Untimeliness is Apparent on the Face of the Record

“Record-Based Abandonment”: The Missouri Supreme Court Dispenses with Remand when Counsel’s Untimeliness is Apparent on the Face of the Record

Date: Jul 23, 2025
“Record-Based Abandonment”: The Missouri Supreme Court Dispenses with Remand when Counsel’s Untimeliness is Apparent on the Face of the Record Introduction Nelson v. State of Missouri and Woods v....
“One-Tax, One-Jurisdiction”: The Missouri Supreme Court Limits Counties’ Marijuana Sales-Tax Authority to Unincorporated Areas

“One-Tax, One-Jurisdiction”: The Missouri Supreme Court Limits Counties’ Marijuana Sales-Tax Authority to Unincorporated Areas

Date: Jul 23, 2025
“One-Tax, One-Jurisdiction”: The Missouri Supreme Court Limits Counties’ Marijuana Sales-Tax Authority to Unincorporated Areas 1. Introduction In Robust Missouri Dispensary 3, LLC v. St. Louis...
The “Cole Limitation” – Missouri Aligns with the Seventh Circuit on State-Law Safety Rules and Contributory Negligence under FELA

The “Cole Limitation” – Missouri Aligns with the Seventh Circuit on State-Law Safety Rules and Contributory Negligence under FELA

Date: Jun 11, 2025
The “Cole Limitation” – Missouri Aligns with the Seventh Circuit on State-Law Safety Rules and Contributory Negligence under FELA 1. Introduction Christopher Cole, a brakeman for The Kansas City...
“Biological Sex” as the Sole Protected Characteristic in MHRA Public-Accommodation Claims – An Analysis of R.M.A. v. Blue Springs R-IV School District (Mo. banc 2025)

“Biological Sex” as the Sole Protected Characteristic in MHRA Public-Accommodation Claims – An Analysis of R.M.A. v. Blue Springs R-IV School District (Mo. banc 2025)

Date: Jun 11, 2025
“Biological Sex” as the Sole Protected Characteristic in MHRA Public-Accommodation Claims – A Commentary on R.M.A. v. Blue Springs R-IV School District, Supreme Court of Missouri, en banc (10 June...
Defining Qualifying Preexisting Disabilities and Eliminating Load Factors in PTD Claims Under RSMo § 287.220.3

Defining Qualifying Preexisting Disabilities and Eliminating Load Factors in PTD Claims Under RSMo § 287.220.3

Date: Apr 30, 2025
Defining Qualifying Preexisting Disabilities and Eliminating Load Factors in PTD Claims Under RSMo § 287.220.3 Introduction This commentary examines the Supreme Court of Missouri’s en banc decision...
Strict Construction Excludes Occupational Diseases from Preexisting Disabilities under Section 287.220.3(2)(a)(ii)

Strict Construction Excludes Occupational Diseases from Preexisting Disabilities under Section 287.220.3(2)(a)(ii)

Date: Apr 30, 2025
Strict Construction Excludes Occupational Diseases from Preexisting Disabilities under Section 287.220.3(2)(a)(ii) Introduction In Treasurer of the State of Missouri – Custodian of the Second Injury...
Reaffirming Original Jurisdiction and the “Cast Doubt” Standard in Post-Election Ballot Title Challenges

Reaffirming Original Jurisdiction and the “Cast Doubt” Standard in Post-Election Ballot Title Challenges

Date: Apr 30, 2025
Reaffirming Original Jurisdiction and the “Cast Doubt” Standard in Post-Election Ballot Title Challenges Introduction Raymond McCarty and three fellow registered Missouri voters (“Contestants”) filed...
Excess Sentence Is Not a Jurisdictional Defect: Exclusivity of Rule 24.035 in Post-Conviction Relief

Excess Sentence Is Not a Jurisdictional Defect: Exclusivity of Rule 24.035 in Post-Conviction Relief

Date: Apr 30, 2025
Excess Sentence Is Not a Jurisdictional Defect: Exclusivity of Rule 24.035 in Post-Conviction Relief Introduction In In re Robert J. Branson v. Michael Shewmaker, Warden (Missouri Supreme Court,...
Equitable Limits of Rule 74.06(b)(5): Change in Law Not Sole Basis for Relief

Equitable Limits of Rule 74.06(b)(5): Change in Law Not Sole Basis for Relief

Date: Apr 16, 2025
Equitable Limits of Rule 74.06(b)(5): Change in Law Not Sole Basis for Relief Introduction In City of Normandy v. Mike Kehoe (Mo. banc, Apr. 15, 2025), the Supreme Court of Missouri clarified the...
The State’s Statutory Right to Appeal Civil Collateral Attacks Under Section 547.031 Affirmed

The State’s Statutory Right to Appeal Civil Collateral Attacks Under Section 547.031 Affirmed

Date: Apr 16, 2025
The State’s Statutory Right to Appeal Civil Collateral Attacks Under Section 547.031 Affirmed Introduction This case arises from a novel post-conviction procedure codified at Missouri Revised...
Implied Waiver of Sixth Amendment Counsel Through Unreasonable Delay and Court’s Authority to Rectify Inconsistent Jury Verdicts

Implied Waiver of Sixth Amendment Counsel Through Unreasonable Delay and Court’s Authority to Rectify Inconsistent Jury Verdicts

Date: Apr 16, 2025
Implied Waiver of Sixth Amendment Counsel Through Unreasonable Delay and Court’s Authority to Rectify Inconsistent Jury Verdicts Introduction In State of Missouri v. David Thompson, the Supreme Court...
Admissible Evidence in Sufficiency Review: Consideration of All Admitted Evidence, Not Just That Published to the Jury

Admissible Evidence in Sufficiency Review: Consideration of All Admitted Evidence, Not Just That Published to the Jury

Date: Apr 2, 2025
Admissible Evidence in Sufficiency Review: Consideration of All Admitted Evidence, Not Just That Published to the Jury Introduction State of Missouri v. Anthony Tate is a 2025 decision by the Supreme...
Trial Courts’ Inherent Power to Enforce Orders by Case-Dispositive Sanctions for Contumacious Litigants

Trial Courts’ Inherent Power to Enforce Orders by Case-Dispositive Sanctions for Contumacious Litigants

Date: Apr 2, 2025
Trial Courts’ Inherent Power to Enforce Orders by Case-Dispositive Sanctions for Contumacious Litigants Introduction In Ethel Barry Masters v. Jacob Dawson, the Supreme Court of Missouri confronts a...
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