By: Zachary Walker
State v. Bales, 630 S.W.3d 754 (Mo. banc 2021)
I. INTRODUCTION
The warrant requirement of the Fourth Amendment, along with its sister requirement in the Missouri Constitution, is a vital component of our Bill of Rights.1 It protects against unreasonable government intrusion into the private lives of citizens.2
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The Court Takes the Bite Out of the Exhaustion Requirement of the PLRA
By: Maria Ceriotti
Ramirez v. Collier, 21-5592 slip op. (2022)
I. INTRODUCTION
The Prison Litigation Reform Act (“PLRA”) was enacted in 1996 primarily to reduce prisoner litigation.1 The passage of the PLRA led to a decrease in the number of cases filed in federal court by prisoners.2 However, there…
Appropriation or Adult Adjudication: Missouri Legislature’s Big Misstep in Passing “Raise the Age” Law
By: Hannah Lucas
State ex rel. T.J. v. Cundiff, 632 S.W.3d 353 (Mo. 2021).
I. INTRODUCTION
In 2018, the Missouri General Assembly enacted a law to “Raise the Age” for automatically trying certain juveniles as adults within the criminal system.1 For T.J., a seventeen-year-old in Missouri, and for many juvenile…
Protecting A Constitutional Right in the Face of a Public Health Crisis
By: Rachel McKee Taylor
J.A.T. v. Jackson County Juv. Off., 637 S.W.3d 1 (Mo. 2022) (en banc)
I. INTRODUCTION
In J.A.T. v. Jackson County Juvenile Officer, the Supreme Court of Missouri found that requiring a juvenile to attend an adjudication hearing by two-way video when the juvenile requested to appear in person violated…
Off-Campus Student Speech Regulation: A Snap Decision?
By: Kara N. Luechtefeld
Mahanoy Area Sch. Dist. v. B. L. by and through Levy, 141 S. Ct. 2038 (2021).
I. INTRODUCTION
Today, approximately ninety-five percent of teens have access to smartphones, and around forty-five percent of teens claim they are online consistently.1 Social media has fundamentally changed how, when, and where…
Punting Economic Realities: The Narrowing of Long-Standing Tax Law Doctrine in Missouri
By: Andrew M. Fauble
Kansas City Chiefs Football Club, Inc. v. Dir. of Revenue, 602 S.W.3d 812 (Mo. 2020) (en banc)
I. INTRODUCTION
When the Kansas City Chiefs (“Chiefs”) entered into an agreement to create a project to renovate their stadium, they purchased various items with purported tax-exempt status.1 The Missouri Director…
The End of the Fight Between the Missouri Legislature and Missouri Supreme Court in Expanding and Contracting Punitive Damages in Medical Malpractice Actions
Rhoden v. Missouri Delta Med. Ctr., 621 S.W.3d 469 (Mo. . 2021) (en banc), reh’g denied (June 1, 2021).
I. INTRODUCTION
Roosevelt Rhoden went to the doctor for help when he began experiencing mild prostate issues.1 Due to his physicians’ negligent care, Rhoden died after complications following surgery.2 In a wrongful…