Law Office of Camron Hoorfar, PC

Missouri Constitution’s Hancock Amendment bars political subdivisions from levying a tax without voter approval, but a sewer district’s bill based on owner’s voluntary connection to the system is a fee, not a tax. Statutes generally extinguish inferior assessments upon a delinquent tax sale, but specifically give the sewer district’s bill the same priority as State and county tax, which are superior to all other liens, and exempt from recording requirements, even surviving a tax sale. Circuit court did not err in certifying judgment, resolving claims against all parties but one, for appeal.

Eclipse Property Development LLC, Appellant, vs. Fareed Ammari, et al., Respondents
(Overview Summary)
Missouri Court of Appeals, Eastern District – ED109298

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Statutes determine degree of offense, in part, by motivations that include victim’s ancestry. “‘Because of’ in hate crime statutes means that ‘but for’ the victim’s race or other enumerated characteristics, the defendant would not have committed the crime.” The prosecution’s evidence of race-based motivation included the multiple use of racial slurs and was sufficient to convince a reasonable juror beyond reasonable doubt.

State of Missouri, Respondent, vs. James C. Street, Appellant.
(Overview Summary)
Missouri Court of Appeals, Eastern District – ED109099

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Statute provides that documents certified as business records are admissible, so circuit court erred in sustaining a hearsay objection against appellant’s medical records. No offer of proof was necessary to preserve the issue because the certification specified the disputed evidence for the courts and the parties. But an offer of proof was necessary to demonstrate prejudice—without the medical records, appellant cannot show that a $500 damages award was insufficient. No termination of the parties’ lease occurred because appellant landlord did not give notice of termination to respondent tenant. When appellant instructed respondent to vacate, took possession, and re-let to a third party, respondents were liable only for the rents unmitigated by the third party’s payments.

Richard William Bangert, et al., Appellants, v. Dustin L. Rees, et al., Respondents.
(Overview Summary)

Missouri Court of Appeals, Eastern District – ED109319

In an action for renewal of a full order of protection, statutes provide that circuit court remains vested with personal jurisdiction from the earlier order. Appellant did not show that renewal of the full order of protection violated access to open courts in Texas. Evidence of appellant’s further violence and respondent’s resultant fear supported renewal of a full order of protection. Expiration of an order does not moot an appeal from the judgment making the order when another judgment has again renewed the order.

K.C. vs. Kent Chapline
(Overview Summary)
Missouri Court of Appeals, Western District – WD83881

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Statutes provide that the crime of distributing a controlled substance in a protected location includes the mental state of “knowingly.” Knowingly means with awareness. Identifiable structures of a high school were visible across the street from appellant’s porch, which supported an inference that appellant was aware of how close the high school was, so a reasonable juror could infer that the high school was within 2,000 feet of where appellant was distributing methamphetamine. 

STATE OF MISSOURI, Plaintiff-Respondent v. REGINA J. HILLEMAN, Defendant-Appellant
Missouri Court of Appeals, Southern District – SD36755

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Statutes create the action for unlawful detainer to determine the right of immediate possession, and describe the persons subject to such action, and the persons withstanding to bring such action. Purchase at sheriff’s sale did not constitute purchase after foreclosure on a deed of trust. Occupant was not an intruder because there was no “disseisin,” which means “wrongful entry without force on the actual [prior] possession of another.” Appellant’s facts suggest the remedy of ejectment

Danielle Goser, Respondent, vs. David Boyer, Appellant.
(Overview Summary)
Missouri Court of Appeals, Eastern District – ED109244

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Statutes governing workers’ compensation allow an action for employer’s retaliation against a claimant’s exercise of those rights, and that action is within the statutes’ waiver of sovereign immunity for political subdivisions, including defendant school district. School district’s motion for summary judgment established facts without genuine dispute, but did not entitle school district to a favorable judgment. Court of Appeals reverses circuit court’s summary judgment dismissing plaintiff’s action for retaliatory discharge.

Travis Poke vs. Independence School District
Missouri Court of Appeals, Western District – WD84198