Articles Posted in Supreme Court of Missouri

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Carl Kirk was committed to the custody of the Department of Mental Health under the Sexually Violent Predator Act (SVPA), Mo. Rev. Stat. 632.480 through 632.525. On appeal, the court of appeals transferred the case to the Supreme Court on the ground that the appeal involved issues within the Supreme Court’s exclusive appellate jurisdiction as set forth in Mo. Const. art. V, section 3. The Supreme Court affirmed, holding (1) the issues raised in this case did not fall within the Supreme Court’s exclusive appellate jurisdiction, and even thought he court of appeals erred in transferring the case, the Supreme Court granted transfer prior to opinion pursuant to Rule 83.01 and therefore had jurisdiction; (2) the SVPA, among other things, evidences no punitive intent and violates no constitutional prohibits against ex post facto laws, and the standard of proof required under the SVPA and employed in Kirk’s case is not unconstitutional; and (3) Kirk’s remaining claims of error were unavailing. View "In re Care & Treatment of Kirk" on Justia Law

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Defendant was committed to the custody of the Department of Mental Health under the Sexually Violent Predator Act (SVPA), Mo. Rev. Stat. 632.480 through 632.525. On appeal, the court of appeals transferred the case to the Supreme Court on the ground that the appeal involved issues within the Supreme Court’s exclusive appellate jurisdiction. For the reasons set forth in In re Care & Treatment of Kirk, __ S.W.3d __ (Mo. 2017), decided also on this day, Defendant’s constitutional claims were “merely colorable” and did not invoke the Supreme Court’s jurisdiction. However, the court, on its own motion, granted transfer from the court of appeals prior to opinion pursuant to Rule 83.01 and therefore had jurisdiction. The Supreme Court affirmed, holding (1) Defendant’s constitutional claims that the purpose and effect of the SVPA is punitive are rejected; and (2) Defendant’s remaining claims on appeal were unavailing. View "In re Care & Treatment of Nelson" on Justia Law

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Plaintiffs filed a wrongful death action alleging that the negligent chiropractic services of Defendants caused the death of their relative. Plaintiffs filed an affidavit stating that they obtained the written opinion of a qualified health care provider in support of their claims as required by Mo. Rev. Stat. 538.225. Plaintiffs later voluntarily dismissed that action. Thereafter, Plaintiffs refiled an identical petition in the same court but did not attach the affidavit to their new petition. The trial court dismissed the action without prejudice under action 538.225 because Plaintiffs failed to file the affidavit within 180 days of filing the second action. The Supreme Court affirmed, holding that the trial court properly sustained Defendants’ motion to dismiss without prejudice for Plaintiffs’ failure to comply with the requirements of section 538.225. View "Lang v. Goldsworthy" on Justia Law