Indirect laons that a customer gets from a retailer. It is form a third party ...
Supreme Court of Missouri Court Cases
Murphy v. Carron (1976)
In this court-tried case, Lucille V. Murphy seeks to recover money which she asserts was loaned by her to Cecelia Carron and Paul Carron. The trial court entered judgment in favor of plaintiff and against defendants in the amount of $9,100. The Carrons appealed to the St. Louis District of the Court of Appeals, which affirmed. The cause was transferred here by order of this Court. We decide the cause "the same as on original appeal." Mo.Const., Art. V, § 10.
Court: Supreme Court of Missouri Docket: 59167
This case raises important issues relating to summary judgment practice. Here, we consider which party bears the burden of establishing the absence of genuine issues of material fact and a legal right to judgment when the party seeking summary judgment is a "claimant" and the non-moving party has raised an affirmative defense.
Court: Supreme Court of Missouri Docket: 75002
In this workers' compensation case, Big Boy Steel Erection (employer) appeals from the final award of the Labor and Industrial Relations Commission (commission) allowing compensation and modifying the award of the Administrative Law Judge (ALJ). The ALJ found that Larry Hampton (claimant) had sustained a 25% permanent partial disability of the body as a whole, caused by an injury he sustained to his back while working as an ironworker. The commission modified the award and found permanent and [...]
Court: Supreme Court of Missouri Docket: SC 85456
State v. Grim (1993)
Robert Grim was convicted of second degree murder, armed criminal action, and first degree burglary. He appealed his convictions, and the Court of Appeals, Eastern District, reversed, finding the evidence insufficient to support the jury's verdicts. We granted transfer and now decide the case as if on original appeal. Mr. Grim offers four reasons why his convictions should be reversed; we treat each argument in turn and affirm the judgment.
Court: Supreme Court of Missouri Docket: 74892
Thummel v. King (1978)These consolidated cases come before this court on transfer from the Missouri Court of Appeals, Kansas City District. In its written opinion (Turnage, J.), that court affirmed No. 773678 with modification and affirmed No. 772702. In the latter case, the court declined to consider all but two sub-points of appellant Swander's eighty page brief which attempted to raise nine points, one of which contained five sub-points, citing various failures to comply with Rule 84.04. In his application [...]
Court: Supreme Court of Missouri Docket: 60340
In deciding this case, the task at hand is to bring down to earth and clarify the meaning of the magical word "jurisdiction." The word has magic because it can make judgments disappear, as in: "The judgment is a nullity because the court lacked jurisdiction." The word has magic because it makes judges fearful of entering the Land of No Jurisdiction. A lawyer, accordingly, employs the magic word in hopes of curbing the judicial beast from entering the Land of No Jurisdiction, where the defense [...]
Court: Supreme Court of Missouri Docket: SC 89404
State v. Chaney (1998)A jury convicted Timothy Chaney of murder in the first degree. The trial court sentenced Chaney to death in accordance with the jury's recommendation. This Court has exclusive appellate jurisdiction in all cases in which the death penalty is imposed. Mo. Const. art. V, sec. 3. The conviction is affirmed. The defendant is ordered resentenced to life imprisonment without eligibility for probation, parole or release as the sentence of death is disproportionate when compared to other like cases in [...]
Court: Supreme Court of Missouri Docket: 79595
State v. Tokar (1996)
A jury convicted Jeffrey Tokar of first degree murder and recommended that he be put to death. The trial court agreed and entered a sentence of death. Subsequently, the motion court overruled Tokar's Rule 29.15 motion. Appeals from both judgments were consolidated. This Court has jurisdiction. Mo. Const. art. V, § 3. The conviction, sentence, and denial of post-conviction relief are affirmed.
Court: Supreme Court of Missouri Docket: 76225
State v. Rousan (1998)
Appellant, William L. Rousan, appeals from convictions for two counts of first degree murder, section 565.020.1, for which he received one sentence of death and one sentence of life imprisonment without the possibility of parole. Affirmed.
Court: Supreme Court of Missouri Docket: 79566
Appellant Janet Nazeri appeals the dismissal of her third amended petition for damages for failure to state a claim upon which relief can be granted. We reverse the dismissal of Counts I and II, alleging slander per quod and slander per se, and remand. We affirm the dismissals of Count III, prima facie tort; Count IV, intentional infliction of emotional distress; Count V, intentional interference with a business relationship; and Count VI, invasion of privacy (false light).
Court: Supreme Court of Missouri Docket: 75201
Moss v. State (2000)
Edward Moss was found guilty of robbery in the first degree and was sentenced as a prior offender to serve fifteen years in prison. His conviction was affirmed on appeal. Moss then filed a Rule 29.15 motion for post conviction relief, which the motion court denied without a hearing. After opinion by the Court of Appeals, Western District, this Court granted transfer.
Court: Supreme Court of Missouri Docket: SC 81837
Daniel Callahan ("Danny") was born on August 7, 1978. For the first three and one-half months of his life, Danny was basically healthy and normal. On November 4, 1978, Danny received Orimune, a live polio vaccine. This vaccine is an attenuated polio virus, which means it is a weakened strain of polio. Until the end of November, Danny remained basically in good health. On November 30, 1978, Danny's mother noticed a red area between Danny's anus and scrotum. The resulting events, which will be [...]
Court: Supreme Court of Missouri Docket: 75403
State v. Forrest (2006)
A jury convicted Appellant, Earl M. Forrest, of three counts of first-degree murder and recommended three death sentences. Judgment was entered consistent with the jury's recommendation. Appellant seeks reversal raising thirteen points of error. This Court has jurisdiction pursuant to Mo. Const. art. V, sec. 3. Affirmed.
Court: Supreme Court of Missouri Docket: SC 86518
Gibson v. Brewer (1997)
Michael Gibson and his parents Narron and Marianne Gibson appeal judgments of the circuit court dismissing several counts of their petition against Father Michael Brewer and all counts against The Catholic Diocese of Kansas City-St. Joseph. Brewer purports to cross-appeal the trial court's failure to dismiss the remaining counts.
Court: Supreme Court of Missouri Docket: 79291
State v. Roberts (1997)A St. Louis County jury convicted Michael S. Roberts of first-degree murder and recommended that he be sentenced to death after hearing uncontroverted evidence that he beat fifty-six-year-old Mary Taylor to death with a hammer. At trial, Roberts claimed that he suffered from a mental disease or defect such that he lacked the capacity to deliberate prior to killing Ms. Taylor. On appeal, he claims, among other things, that the trial court erred in failing to submit a cautionary instruction [...]
Court: Supreme Court of Missouri Docket: 78050
The director of revenue revoked the driver's license of Mark J. Hinnah for a period of one year for failing to submit to a chemical test following an arrest for driving while intoxicated. Hinnah filed a petition for review in St. Louis County Circuit Court. After a hearing, the commissioner determined that the arresting officer lacked probable cause to believe that Hinnah was driving while intoxicated. The circuit court judge adopted the commissioner's conclusion and entered judgment restoring [...]
Court: Supreme Court of Missouri Docket: SC 84192
State v. Clay (1998)
A jury convicted appellant Richard D. Clay of murder in the first degree and assessed the punishment as death, which the circuit court imposed. Appellant filed a motion for post-conviction relief under Rule 29.15, which the motion court overruled. In a consolidated appeal to this Court, appellant raises fourteen points of error. Mo. Const. art. V, sec. 3. This Court affirms.
Court: Supreme Court of Missouri Docket: 78373
State v. Deck (1999)A Jefferson County jury convicted Carmen L. Deck, Jr., of two counts of first degree murder, two counts of armed criminal action, one count of first degree robbery, and one count of first degree burglary. Deck was sentenced to death for each of the two murder counts and concurrent life sentences for the two counts of armed criminal action, as well as consecutive sentences of thirty years imprisonment for the robbery count and fifteen years imprisonment for the burglary count. This Court has [...]
Court: Supreme Court of Missouri Docket: 80821
State v. Edwards (2003)
A jury found Kimber Edwards guilty of the first-degree murder of his ex-wife, Kimberly Cantrell, and recommended a sentence of death. The trial court entered a death sentence in accordance with the jury's recommendation. Mr. Edwards appeals both the determination of guilt and the imposition of a death sentence. This Court has exclusive appellate jurisdiction pursuant to Mo. Const. art. V, sec. 3. For the reasons set out below, this Court affirms the judgment in all respects.
Court: Supreme Court of Missouri Docket: SC 84648
State v. Brown (1995)
A jury convicted Vernon Brown of first degree murder in violation of Section 565.020, RSMo 1994, and recommended that he be put to death. The trial court agreed and entered a sentence of death. Subsequently, the motion court overruled Brown's Rule 29.15 motion. This appeal followed. We have jurisdiction. Mo. Const. art. V, § 3. The conviction, sentence and denial of post-conviction relief are affirmed.
Court: Supreme Court of Missouri Docket: 71264