Supreme Court of Missouri
Encyclopedia
The Supreme Court of Missouri is the highest court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

 in the state of Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...

. It was established in 1820, and is located in Jefferson City
Jefferson City, Missouri
Jefferson City is the capital of the U.S. state of Missouri and the county seat of Cole County. Located in Callaway and Cole counties, it is the principal city of the Jefferson City metropolitan area, which encompasses the entirety of both counties. As of the 2010 census, the population was 43,079...

, Missouri. Missouri voters have approved changes in the state's constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

 to give the Supreme Court exclusive jurisdiction- the sole legal power to hear - five types of cases on appeal. Pursuant to Article V, Section 3 of the Missouri Constitution
Missouri Constitution
The Missouri Constitution is the state constitution of the U.S. State of Missouri. It is the supreme law formulating the law and government of Missouri, subject only to the federal Constitution. The fourth and current Missouri Constitution was adopted in 1945...

, these cases involve:
  • The validity of a United States
    United States
    The United States of America is a federal constitutional republic comprising fifty states and a federal district...

     statute
    Statute
    A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

     or treaty
    Treaty
    A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...

    .
  • The validity of a Missouri statute or constitutional provision.
  • The state's revenue laws.
  • Challenges to a statewide elected official's right to hold office.
  • Imposition of the death penalty.


Unless their case involves one of those five issues, people who want a trial court's decision reviewed must appeal to the Missouri Court of Appeals
Missouri Court of Appeals
The Missouri Court of Appeals is the intermediate appellate court for the state of Missouri. The court handles most of the appeals from the Missouri Circuit Courts. The court is divided into three districts: Eastern The Missouri Court of Appeals is the intermediate appellate court for the state...

. Most of these cases involve routine legal questions and end there. The Court of Appeals is divided geographically into the Eastern District, Western District and Southern District.

Certain cases, however, can be transferred to the Supreme Court - at the Court's discretion - if it determines that a question of general interest or importance is involved, that the laws should be re-examined, or that the lower court's decision conflicts with an earlier appellate decision. This is similar to the process the United States Supreme Court uses in accepting cases. In addition, the Court of Appeals may transfer a case to the Supreme Court after an opinion is issued, either upon application of one of the parties or at the request of one of the judges on the appellate panel.

Judicial Selection

Judges of the court are selected through the non-partisan plan, nationally known as the Missouri Plan
Missouri Plan
The Missouri Plan is a method for the selection of judges. It originated in Missouri in 1940, and has been adopted by several states of the United States...

. Under the plan, the Appellate Judicial Commission submits the names of three nominees to the Governor. If the Governor fails to make an appointment with 60 days of the nominees being named, the Commission shall make the appointment. Once the judge has served for at least a year, he or she is placed on the general election ballot for a retention vote of the people. If retained, judges serve a term of 12 years.

Notable cases

The following is a list of notable cases decided by the Supreme Court of Missouri or which came to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 from the Supreme Court of Missouri. Since 1973, the Supreme Court of Missouri has heard all cases en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...

 (before all seven judges). Before that many cases were heard by panels of three judges. Cases heard en banc are cited as "Mo. banc"; older cases heard by a panel are cited as "Mo."
  • Cruzan v. Director, Missouri Department of Health
    Cruzan v. Director, Missouri Department of Health
    Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 , was a United States Supreme Court case argued on December 6, 1989 and decided on June 25, 1990...

    , 760 S.W.2d 408
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (Mo. banc 1988), 497 U.S. 261
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (1990)
    • Euthenasia, right to die
      Right to die
      The right to die is the ethical or institutional entitlement of the individual to commit suicide or to undergo voluntary euthanasia. Possession of this right is often understood to mean that a person with a terminal illness should be allowed to commit suicide or assisted suicide or to decline...

      ; holding that it requires "clear and convincing evidence" to remove a person's life support; affirmed by the Supreme Court of the United States.
  • Doe v. Phillips, 194 S.W.3d 837
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (Mo. banc 2006)
    • Sex offender registration
      Sex offender registration
      Sex offender registration is a system in various states designed to allow government authorities to keep track of the residence and activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions , information in the registry is made available to the...

      ; holding that applying Missouri's sex offender registration laws to anyone who had been convicted or pleaded guilty to a registrable offense before Missouri's sex offender registration law was passed in 1995 violates the Constitution of Missouri's unique bar on "laws retrospective in operation." Doe and its progeny constitute one of the few successful constitutional challenges to sex offender registration laws in the United States.
  • Dred Scott v. Sandford
    Dred Scott v. Sandford
    Dred Scott v. Sandford, , also known as the Dred Scott Decision, was a ruling by the U.S. Supreme Court that people of African descent brought into the United States and held as slaves were not protected by the Constitution and could never be U.S...

    , 15 Mo. 576
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (1852), 60 U.S. (19 How.) 393
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (1856)
    • Slavery; holding that slaves taken into free states remained slaves; affirmed by the Supreme Court of the United States, creating a precursor to the American Civil War
      American Civil War
      The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...

      .
  • Drope v. Missouri
    Drope v. Missouri
    Drope v. Missouri , , is a United States Supreme Court case in which the court decided whether a trial court deprived a defendant of due process by failing to order a competency examination after he was hospitalized following an attempted suicide and as a result missed a portion of his trial for a...

    , 462 S.W.2d 677
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (Mo. banc 1971), 420 U.S. 162
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (1975)
    • Competency
      Competency evaluation (law)
      In the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant to understand and rationally participate in a court process....

      ; holding that the fact that a criminal defendant attempted suicide
      Suicide
      Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...

       before trial does not constitute reasonable doubt
      Reasonable doubt
      Proof beyond a reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems . Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard...

       as to his competency; reversed by the Supreme Court of the United States.
  • Lavender v. Kurn
    Lavender v. Kurn
    Lavender v. Kurn, 327 U.S. 645 was a case decided by the Supreme Court of the United States dealing with a negligent wrongful death case against a railroad employer. The Missouri Supreme Court ordered a directed verdict in favor of the employer, claiming lack of evidence of negligence...

    , 354 Mo. 196
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

    , 189 S.W.2d 253
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (1945), 327 U.S. 645
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (1946)
    • Evidence
      Evidence
      Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...

      ; holding that Due Process demands that an inference of negligence
      Negligence
      Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...

       is not enough to send a case to a jury in a tort
      Tort
      A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...

       case; reversed by the Supreme Court of the United States.
  • Minor v. Happersett
    Minor v. Happersett
    Minor v. Happersett, , was a United States Supreme Court case appealed from the Supreme Court of Missouri concerning the Missouri law which ordained "Every male citizen of the United States shall be entitled to vote."...

    , 53 Mo. 58
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (1873), 88 U.S. 162
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (1875)
    • Women's suffrage
      Women's suffrage
      Women's suffrage or woman suffrage is the right of women to vote and to run for office. The expression is also used for the economic and political reform movement aimed at extending these rights to women and without any restrictions or qualifications such as property ownership, payment of tax, or...

      ; holding that the Equal Protection Clause
      Equal Protection Clause
      The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...

       of the Fourteenth Amendment
      Fourteenth Amendment to the United States Constitution
      The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

       does not guarantee a woman the right to vote; affirmed by the Supreme Court of the United States.
  • Missouri ex rel. Gaines v. Canada
    Missouri ex rel. Gaines v. Canada
    Missouri ex rel. Gaines v. Canada, 305 U.S. 337 , was a United States Supreme Court decision holding that states that provide a school to white students must provide in-state education to blacks as well...

    , 342 Mo. 121, 113 S.W.2d 783
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (1938), 305 U.S. 337
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (1938)
    • Racial segregation
      Racial segregation in the United States
      Racial segregation in the United States, as a general term, included the racial segregation or hypersegregation of facilities, services, and opportunities such as housing, medical care, education, employment, and transportation along racial lines...

      ; holding that a state which provides only one educational institution need not allow blacks and whites to attend if there is no separate school for blacks; reversed by the Supreme Court of the United States as not meeting the separate but equal
      Separate but equal
      Separate but equal was a legal doctrine in United States constitutional law that justified systems of segregation. Under this doctrine, services, facilities and public accommodations were allowed to be separated by race, on the condition that the quality of each group's public facilities was to...

       standard of Plessy v. Ferguson
      Plessy v. Ferguson
      Plessy v. Ferguson, 163 U.S. 537 , is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses , under the doctrine of "separate but equal".The decision was handed...

      .
  • Missouri v. Seibert
    Missouri v. Seibert
    Missouri v. Seibert, , is a decision by the Supreme Court of the United States that struck down the police practice of first obtaining an inadmissible confession without giving Miranda warnings, then issuing the warnings, and then obtaining a second confession...

    , 93 S.W.3d 700
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (Mo. banc 2002), 542 U.S. 600
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (2004)
    • Miranda warning
      Miranda warning
      The Miranda warning is a warning given by police in the United States to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. In Miranda v...

      s; holding that Missouri's practice of interrogating suspects without reading them a Miranda warning, then reading them a Miranda warning and asking them to repeat their confession is unconstitutional; affirmed by the Supreme Court of the United States.
  • Rachel v. Walker
    Rachel V. Walker
    Rachel v. Walker was a "freedom suit" filed by Rachel, an African-American slave in the St. Louis Circuit Court. She petitioned for her freedom and that of her son James Henry from William Walker , based on having been held illegally as a slave by a previous master, an Army officer, in the free...

    , 4 Mo. 350
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (1836)
    • Slavery; holding that slaves taken into free states became free; overturned twenty years later by Dred Scott v. Sandford
      Dred Scott v. Sandford
      Dred Scott v. Sandford, , also known as the Dred Scott Decision, was a ruling by the U.S. Supreme Court that people of African descent brought into the United States and held as slaves were not protected by the Constitution and could never be U.S...

      .
  • Roper v. Simmons
    Roper v. Simmons
    Roper v. Simmons, was a decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18. The 5-4 decision overruled the Court's prior ruling upholding such sentences on offenders above or at the...

    , 112 S.W.3d 397
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (Mo. banc 2003), 543 U.S. 551
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (2005)
    • Capital punishment
      Capital punishment in the United States
      Capital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...

      ; holding that the Eighth
      Eighth Amendment to the United States Constitution
      The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...

       and Fourteenth Amendment
      Fourteenth Amendment to the United States Constitution
      The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

      s forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed; affirmed by the Supreme Court of the United States.
  • Shelley v. Kraemer
    Shelley v. Kraemer
    Shelley v. Kraemer, 334 U.S. 1 , is a United States Supreme Court case which held that courts could not enforce racial covenants on real estate.-Facts of the case:...

    , 198 S.W.2d 679
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (Mo. banc 1947), 334 U.S. 1
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (1948)
    • Racial segregation
      Racial segregation in the United States
      Racial segregation in the United States, as a general term, included the racial segregation or hypersegregation of facilities, services, and opportunities such as housing, medical care, education, employment, and transportation along racial lines...

      ; holding that the Fourteenth Amendment
      Fourteenth Amendment to the United States Constitution
      The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...

       does not prohibit a state from enforcing restrictive covenants which would prohibit a person from owning or occupying property on the basis of race or color; reversed by the Supreme Court of the United States.
  • State v. Mitchell
    State v. Mitchell
    State v. Mitchell, 170 Mo. 633, 71 S.W. 175 , is a precedent-setting decision of the Supreme Court of Missouri which is part of the body of case law involving the prosecution of failed attempts to commit a crime...

    , 170 Mo. 633
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

    , 71 S.W. 175
    Case citation
    Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

     (1902)
    • Attempt
      Attempt
      Attempt was originally an offence under the common law of England.Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself: the actions must go beyond mere preparation....

       and impossibility defense
      Impossibility defense
      An Impossibility defense is a criminal defense occasionally used when a defendant is accused of a criminal attempt that failed only because the crime was factually or legally impossible to commit. Factual impossibility is rarely an adequate defense at common law. In the United States,...

      ; holding that factual impossibility is not a defense to the crime of attempt. Mitchell is a seminal case in the United States in this area of the law.

Current Judges

See also: List of judges of the Supreme Court of Missouri


George W. Draper III is the latest appointee to the Court, having taken office on October 28, 2011. The judges rotate the two-year term of Chief Justice among themselves. The Chief Justice is Constitutionally empowered to preside over the court and to be the "chief administrative officer" of the state judicial system. The current Chief Justice is Richard B. Teitelman, whose term began July 1, 2011.
Judge Date appointed Appointed by
William Ray Price, Jr.
William Ray Price, Jr.
William Ray Price is a judge on the Supreme Court of Missouri. He is the longest-serving current Supreme Court member, having served since April 7, 1992, when he was appointed to the Court by then-Governor John Ashcroft. He was retained by a vote of the people of Missouri for twelve-year terms...

1992 John Ashcroft
John Ashcroft
John David Ashcroft is a United States politician who served as the 79th United States Attorney General, from 2001 until 2005, appointed by President George W. Bush. Ashcroft previously served as the 50th Governor of Missouri and a U.S...

Laura Denvir Stith
Laura Denvir Stith
Laura Denvir Stith is a judge on the Supreme Court of Missouri.Stith has been a member of the court since 2001 and from July 1, 2007 to June 30, 2009, she served as the court's Chief Justice. The Missouri Supreme Court selects its chief justice for a two-year term by vote of the members; Stith was...

2001 Bob Holden
Bob Holden
Robert Lee "Bob" Holden, Jr. is an American politician of the Democratic Party who served as the 53rd Governor of Missouri.-Early life:...

Richard B. Teitelman
Richard B. Teitelman
Richard B. Teitelman is currently a Judge on the Supreme Court of Missouri.He was born in Philadelphia, Pennsylvania, and is the youngest of three children. At age 13, he was diagnosed as being legally blind. He earned his undergraduate degree from the University of Pennsylvania in 1969. Moving to...

2002 Bob Holden
Mary Rhodes Russell
Mary Rhodes Russell
Mary Rhodes Russell is a judge on the Supreme Court of Missouri, appointed in 2004 by Governor Bob Holden, a Democrat....

2004 Bob Holden
Patricia Breckenridge
Patricia Breckenridge
Patricia Breckenridge is a Judge on the Supreme Court of Missouri. She was born in Nevada, Missouri, and received her undergraduate and law degrees from the University of Missouri. Governor Kit Bond appointed her as a judge in Vernon County, Missouri in 1982. She was subsequently elected to the...

2007 Matt Blunt
Matt Blunt
Matthew Roy Blunt served as the 54th Governor of Missouri from 2005 to 2009. Before his election as governor, Blunt served ten years in the United States Navy, was elected to serve in the Missouri General Assembly in 1998 and as Missouri's Secretary of State in 2000.A Republican, Blunt was elected...

Zel Fischer
Zel Fischer
Zel M. Fischer is a Judge on the Supreme Court of the U.S. state of Missouri. A native of Watson, he received his undergraduate degree from William Jewell College and his law degree from the University of Missouri-Kansas City. While at William Jewell College he was a member of the Alpha Delta...

2008 Matt Blunt
George W. Draper III 2011 Jay Nixon
Jay Nixon
Jeremiah Wilson "Jay" Nixon, Sr. is the 55th and current Governor of the U.S. state of Missouri. A member of the Democratic Party, he previously served as Missouri's Attorney General before his election in 2008.-Political career:...


Clerk of the Supreme Court

The clerk of the Supreme Court is responsible for a wide range of duties, including the supervision of the internal administrative function of the Court itself as well as the planning and administrative direction of the Missouri Judicial Conference, the organization of all the state's judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

s. The office of clerk is currently vacant, as the Supreme Court's long-serving clerk, Thomas F. Simon, retired May 31, 2011, after serving as clerk for over 40 years.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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