Justia Missouri Supreme Court Opinion Summaries

The Supreme Court affirmed the decision of the administrative hearing commission (AHC) determining that John Gott, who owned and operated a sole proprietorship providing portable toilets to customers, was liable for unpaid sales tax, use tax, and additions to tax and statutory interest as assessed by the director of revenue for the period of April 1, 2012 through March 31, 2017, holding that the AHC decision was authorized by law and supported by competent and substantial evidence on the record.Specifically, the Supreme Court held (1) the AHC did not impermissibly extend the reach of the sales tax law to include AHC's portable toilet service, and therefore, Gott's gross receipts were subject to sales tax; (2) Mo. Rev. Stat. 144.010's plain language is clear and resolved this dispute without the Court having to resort to the "true object" test; and (3) the AHC did not violate Mo. Const. art. X, 26 because Gott was not engaged in a service or transaction not subject to sales, use, or transaction-based taxation. View "Gott v. Director of Revenue" on Justia Law

The Supreme Court affirmed the decision of the Administrative Hearing Commission (AHC) affirming its previous order emergently suspending Dr. Blake Donaldson's license and finding cause for discipline and the Missouri State Board of Registration for the Healing Arts' subsequent decision to discipline Donaldson's license, holding that there was no error.From 1995 to 2017, the Board licensed Donaldson as an osteopathic physician and surgeon. In 2017, the Board filed a complaint alleging that Donaldson had engaged in several instances of sexual misconduct with a patient. The AHC, acting pursuant to the emergency procedures set forth in Mo. Rev. Stat. 334.102, found probable cause to believe Donaldson engaged in sexual contact with a patient and emergently suspended Donald's license. The AHC then affirmed its previous order. Thereafter, the Board revoked Donaldson's license and prohibited him from applying for reinstatement for seven years. The circuit court affirmed. The Supreme Court affirmed, holding that the AHC's decision was authorized by law and was not arbitrary and capricious. View "Donaldson v. Missouri State Board of Registration for Healing Arts" on Justia Law

The Supreme Court affirmed the judgment of the circuit court against Jessica Hicklin in a declaratory judgment action against Eric Schmitt, Missouri's attorney general and other State parties, holding that Hicklin's claims were without merit.Hicklin asserted in her complaint that her 1997 life-without-parole sentence for first-degree murder was invalid following the United States Supreme Court's decisions in Miller v. Alabama, 567 U.S. 460 (2012), and Montgomery v. Louisiana, 136 S. Ct. 718 (2016). The Supreme Court disagreed, holding (1) challenges to the constitutional validity of Missouri statutes are properly brought in a declaratory judgment action; (2) Missouri's General Assembly can accept the Supreme Court's invitation to remedy Miller-affected sentences by supplying parole eligibility; and (3) the Parole Board's authority does not violate the separation of powers. View "Hicklin v. Schmitt" on Justia Law

The Supreme Court made permanent a preliminary writ of mandamus sought by Vacation Management Solutions, LLC (VMS) to prevent the circuit court from moving forward with Kyle Klosterman's case in the City of St. Louis, holding that the action must be transferred pursuant to Mo. R. Civ. P. 51.045(c).Klosterman filed an action against VMS in the Circuit Court of the City of St. Louis alleging violations of the Missouri Merchandising Practices Act. VMS filed both a motion to dismiss and a motion to transfer venue, arguing that the City of St. Louis was an improper venue and that venue was proper in either Warren County or in St. Charles County. The circuit court overruled the motion to dismiss. Thereafter, VMS filed a petition for a writ of prohibition. The Supreme Court granted the writ, holding that because Klosterman did not reply within thirty days to VMS's motion to transfer alleging improper venue, the circuit court was required to transfer the case to Warren County or St. Charles County. View "State ex rel. Vacation Management Solutions, LLC v. Honorable Joan L. Moriarty" on Justia Law

The Supreme Court affirmed the decision of the Administrative Hearing Commission (AHC) determining that SEBA, LLC was liable for unpaid state sales tax, statutory interest, and a five percent addition to tax owed as assessed by the director of revenue, holding that the AHC's decision was supported by substantial and competent evidence on the record.The AHC determined that SEBA was liable for unpaid sales tax in the amount of $38,540, minus the sales tax assessed on $26,567 in income generated from SEBA's exempt sales to three organizations the auditor initially included. The AHC found SEBA liable for five percent statutory interest because it was was negligent in reporting its taxable sales. The Supreme Court affirmed, holding that substantial and competent evidence supported the AHC's decision. View "SEBA, LLC v. Director of Revenue" on Justia Law

The Supreme Court made permanent its preliminary writ of prohibition prohibiting the circuit court from enforcing an order requiring Franklin County Prosecuting Attorney Matthew Becker and an associate prosecuting attorney, Matthew Houston, to appear and provide sworn testimony under oath at a pretrial motion hearing, holding that this case did not merit a presumption of vindictiveness.Defendant was indicted on two counts of first-degree murder and two counts of armed criminal action. After the State filed a notice of intent to seek the death penalty Defendant filed a motion to strike, alleging prosecutorial vindictiveness. The circuit court entered an order requiring Becker and Houston to appear and provide sworn testimony regarding Defendant's motion to strike. Becker filed a petition for a writ of prohibition seeking to prevent the circuit court from ordering him and Houston to provide sworn testimony. The Supreme Court issued a preliminary writ of prohibition. The Court then made permanent its writ of prohibition, holding (1) Defendant failed to allege sufficient facts to support a presumption of prosecutorial vindictiveness; and (2) the circuit court's order would cause irreparable harm by requiring Becker and Houston to divulge privileged work product. View "State ex rel. Becker v. Honorable Gael D. Wood" on Justia Law

In this action pleading claims for suit on account and account stated the Supreme Court reversed and vacated the judgment of the circuit court in favor of DiGregorio Food Products, Inc., holding that the circuit court erred in declaring the law in determining that Mo. Rev. Stat. 516.110(1)'s ten-year statute of limitations applied to the underlying claims.DiGregorio was an ingredient supplier for John Racanelli, who operated pizza restaurants. When Racanelli stopped making payments, DiGregorio ended its business relationship with Racanelli and his restaurants. DiGregorio later brought this action, asserting claims for suit on account and account stated. The circuit court declared that the ten-year statute of limitations contained in section 516.110(1) applied and that Racanelli was responsible for the amount of unpaid invoices as damages. The Supreme Court disagreed, holding (1) even assuming that DiGregorio proved its claims, this case was governed by the five-year statute of limitations contained in Mo. Rev. Stat. 516.120(1); and (2) therefore, DiGregorio's lawsuit was time barred. View "Di Gregorio Food Products, Inc. v. Racanelli" on Justia Law

The Supreme Court affirmed the judgment of the circuit court in favor of Boston Scientific Corporation (BSC) and C.R. Bard Inc. on Plaintiff's claims related to Defendants' design and manufacture of polypropylene mesh slings that were surgically implanted in Plaintiff, holding that any errors were not prejudicial.Specifically, the Supreme Court held (1) the circuit court did not err in excluding evidence of Bard's prior convictions; (2) the circuit court erred by not sustaining Plaintiff's objections to BSC's and Bard's use of her claims brought in the original petition against former defendants, but the errors were not prejudicial; and (3) the circuit court did not manifestly abuse its discretion in denying Plaintiff's request for a mistrial after Bard displayed to the jury prejudicial evidence of Plaintiff's settlements with the dismissed defendants. View "Sherrer v. Boston Scientific Corp." on Justia Law

The Supreme Court reversed Defendant's conviction of felony stealing, holding that because Defendant's conviction for felony stealing was not final when State v. Bazell, 497 S.W.3d 263 (Mo. banc 2016), was decided, Defendant was entitled to the benefit of its ruling at the time of his sentence.Defendant pled guilty to appropriating batteries and a battery charger worth at least $500. Imposition of sentence was suspended, and Defendant was placed on probation for five years. While Defendant was on probation, the Court decided Bazell. Thereafter, the circuit court revoked Defendant's probation and sentenced him to four years in prison. On appeal, Defendant argued that his offense constituted a misdemeanor pursuant to Bazell and he should be sentenced accordingly. The Supreme Court agreed, holding that the circuit court erred in overruling Defendant's objection and sentencing him for a class C felony when, under the Court's holding in Bazell, his offense was a class A misdemeanor. View "State v. Golden" on Justia Law

The Supreme Court affirmed Defendant's conviction of first-degree attempted rape and other offenses, holding that the circuit court committed no error regarding the claims Defendant asserted on appeal.After a jury trial, Defendant was convicted of first-degree attempted rape, second-degree domestic assault, first-degree domestic assault, armed criminal action, and victim tampering. On appeal, Defendant raised five points challenging the circuit court's rulings admitting or excluding certain evidence. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion or plainly err in excluding the challenged evidence View "State v. Loper" on Justia Law