Supreme Court of Missouri

Missouri Supreme Court
State Seal of Missouri
Established	1841
Jurisdiction	Missouri , United States
Location	Jefferson City, Missouri
Authorized by	Missouri Constitution
Decisions are appealed to	Supreme Court of the United States

Missouri State Supreme Court building across from state capitol in Jefferson City

The Supreme Court of Missouri is the highest court in the state of Missouri. It was established in 1820, and is located in Jefferson City, Missouri. Missouri voters have approved changes in the state's constitution 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, these cases involve:

• The validity of a United States statute or treaty.
• 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. 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. 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 from the Supreme Court of Missouri. Since 1973, the Supreme Court of Missouri has heard all cases en banc (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, 760 S.W.2d 408 (Mo. banc 1988), 497 U.S. 261 (1990)
  • Euthenasia, right to die; 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 (Mo. banc 2006)
  • Sex offender registration; 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, 15 Mo. 576 (1852), 60 U.S. (19 How.) 393 (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.
• Drope v. Missouri, 462 S.W.2d 677 (Mo. banc 1971), 420 U.S. 162 (1975)
  • Competency; holding that the fact that a criminal defendant attempted suicide before trial does not constitute reasonable doubt as to his competency; reversed by the Supreme Court of the United States.
• Lavender v. Kurn, 354 Mo. 196, 189 S.W.2d 253 (1945), 327 U.S. 645 (1946)
  • Evidence; holding that Due Process demands that an inference of negligence is not enough to send a case to a jury in a tort case; reversed by the Supreme Court of the United States.
• Minor v. Happersett, 53 Mo. 58 (1873), 88 U.S. 162 (1875)
  • Women's suffrage; holding that the Equal Protection Clause of the Fourteenth Amendment does not guarantee a woman the right to vote; affirmed by the Supreme Court of the United States.
• Missouri ex rel. Gaines v. Canada, 342 Mo. 121, 113 S.W.2d 783 (1938), 305 U.S. 337 (1938)
  • Racial segregation; 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 standard of Plessy v. Ferguson.
• Missouri v. Seibert, 93 S.W.3d 700 (Mo. banc 2002), 542 U.S. 600 (2004)
  • Miranda warnings; 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, 4 Mo. 350 (1836)
  • Slavery; holding that slaves taken into free states became free; overturned twenty years later by Dred Scott v. Sandford.
• Roper v. Simmons, 112 S.W.3d 397 (Mo. banc 2003), 543 U.S. 551 (2005)
  • Capital punishment; holding that the Eighth and Fourteenth Amendments 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, 198 S.W.2d 679 (Mo. banc 1947), 334 U.S. 1 (1948)
  • Racial segregation; holding that the Fourteenth Amendment 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, 170 Mo. 633, 71 S.W. 175 (1902)
  • Attempt and impossibility defense; 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.^[1] The current Chief Justice is Richard B. Teitelman, whose term began July 1, 2011.

Judge	Date appointed	Appointed by
William Ray Price, Jr.	1992	John Ashcroft
Laura Denvir Stith	2001	Bob Holden
Richard B. Teitelman	2002	Bob Holden
Mary Rhodes Russell	2004	Bob Holden
Patricia Breckenridge	2007	Matt Blunt
Zel Fischer	2008	Matt Blunt
George W. Draper III	2011	Jay Nixon

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 judges. 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.

References

1. ^ Missouri Constitution, Article V, Sec. 8. As amended August 3, 1976. Accessed October 27, 2007.

External links

• Supreme Court of Missouri webpage