Opinions

A change in fact or law alone is not enough to set aside judgment under Rule 74.06(b)

A Rule 74.06(b)(5) proceeding is equitable and carries no right to a jury, and a change in fact or law alone will not set aside a judgment without a further showing that it is no longer equitable to leave the judgment in effect.

Abandonment apparent on the face of an amended motion needs no evidentiary hearing

By Sophia Crain

Where the amended motion shows appointed counsel calculated the deadline using the wrong version of Rule 29.15, abandonment is established without an evidentiary hearing, and the motion court may reach the claims on their merits.

Sovereign immunity bars a refund suit over St. Louis’s solid waste fee

Sovereign immunity bars money had and received claims against a public entity unless the legislature has authorized the suit, and section 432.070 bars claims resting on implied-in-fact contracts.

Persistent offender status may rest on an inference that an out-of-state conviction was a felony

By Sophia Crain

The record, including a probation order listing the Illinois offense as a “class 4,” supported the inference that the appellant’s out-of-state conviction was a felony for purposes of persistent offender status under section 558.016.

A plaintiff must establish waiver of sovereign immunity as part of its prima facie case

By Sophia Crain

Waiver of sovereign immunity is part of a plaintiff’s prima facie case against a public entity, and it cannot be shown by the government’s failure to raise the issue or by implied consent.

Sovereign immunity bars claims against the state for additional payment from the tort victims’ compensation fund

By Sophia Crain

Sovereign immunity bars claims against the state demanding additional payment from the tort victims’ compensation fund, and aggrieved claimants must pursue the statutory administrative review process under section 537.690.

The Governor has discretion to determine when an “extraordinary occasion” warrants a special legislative session

Article IV, section 9 of the Missouri Constitution gives the Governor discretion to determine both when an extraordinary occasion exists and what matters the General Assembly may consider.

Conflicting testimony from a single State witness does not defeat sufficiency of conviction

By Sophia Crain

A reasonable juror could conclude beyond a reasonable doubt that the defendant had sexual intercourse with the victim when she was less than 14 years old, despite the victim’s conflicting testimony at trial.

Court upholds Missouri’s 2025 congressional redistricting map

The Court held that challengers failed to show Missouri’s 2025 congressional redistricting map violates the compactness and equal population requirements of article III of the Missouri Constitution.

Filing a referendum petition does not suspend the law

The Court held that filing a referendum petition alone does not suspend a statute. Only a legal, sufficient, and timely petition does.

Summary judgment is not “an extreme and drastic remedy”

By Paul Brusati

The Court again sends parties and courts to the text of Rule 74.04.