Missouri Supreme Court Archives

Ashcroft: Battle is not over on Missouri’s voter ID law

January 16, 2020 By Alisa Nelson

Missouri Secretary of State Jay Ashcroft wants the Legislature to fight a Supreme Court ruling this week about the state’s voter ID law. Missouri’s high court has ruled that language used in a sworn statement is misleading and unconstitutional. Voters without an ID at the polls were required to sign the statement to confirm to their identity.

Missouri Secretary of State Jay Ashcroft (2017 photo)

“I think that we are going to have to ask the Legislature to move forward on this,” says Ashcroft. “It looks to me like the Supreme Court is setting up a confrontation between the Supreme Court on one side, the Legislature, the Executive branch, and the Constitution as approved by the people on the other hand. And that really concerns me.”

In 2016, voters passed a constitutional amendment, Amendment 6, by a 63% margin which allowed the state to make a law requiring voters to identify themselves with IDs that “may” include valid government-issued photo identification.

“It is no longer unconstitutional in the state of Missouri to present photo ID to vote and yet our court is saying that it is,” says Ashcroft. “Anytime we have a government entity that ignores the will of the people properly expressed through the Constitution of the state, we have a problem. The role of the judiciary is not to say what the law should be. If you’re a judge and you want to spend your time saying what the law should be, run for the Legislature.”

Voter advocacy organization Priorities USA sued the state and said expert testimony in the trial has confirmed that voters would need a graduate level degree to understand the statement language.

The 5-2 judgement also bars the Secretary of State’s office from distributing information saying a photo ID is required to vote. Judges Brent Powell and Zel Fischer were the dissenting votes.

Missouri Supreme Court upholds lower court’s ruling about voter ID law

January 15, 2020 By Alisa Nelson

In a 5-2 ruling today, the Missouri Supreme Court has upheld a lower court’s ruling about the state requiring a photo ID at the polls. The high court says a Cole County Court was right to strike down a state requirement making voters without a photo ID sign a statement swearing they are who they say they are.

The Missouri Supreme Court

In 2016, voters passed a constitutional amendment, Amendment 6, by a 63 percent margin which allowed the state to make a law requiring voters to identify themselves with IDs that “may” include valid government-issued photo identification. Left-leaning group Priorities USA sued the state arguing the statement language is confusing.

In 2018, Cole County Circuit Judge Richard Callahan called the affidavit language contradictory and misleading and ruled to get rid of it. Today, the Supreme Court agreed.

The judgement also bars the Secretary of State’s office from distributing information saying a photo ID is required to vote.

Senator Jill Schupp, a Democrat from the St. Louis suburb of Creve Coeur, hopes the ruling will put the longtime Republican voter ID effort to rest.

“I’m delighted that the people’s votes will be protected and that this law was shot down by the Supreme Court. We move forward and we try to protect our elections and try to make sure everybody’s vote counts,” says Schupp. “We have three co-equal branches of government and each of them need to be respected. So, I’m hopefully that the Legislature will understand the Supreme Court’s basis for their judgement and we’ll move forward and allow people to take advantage of their right to vote.”

Secretary of State Jay Ashcroft, a Republican, also responded to the court ruling.

Secretary Ashcroft’s Statement on Mo. Supreme Court Voter ID ruling: https://t.co/pqBdgocXv0 pic.twitter.com/ABLZYqvVuP

— Missouri SOS Office (@MissouriSOS) January 14, 2020

Judges Brent Powell and Zel Fischer were the dissenting votes.

Death sentence and murder conviction upheld in 2009 central Missouri case

December 10, 2019 By Brian Hauswirth

The state Supreme Court has unanimously upheld the murder conviction and death sentence in a high-profile 2009 mid-Missouri case.

Convicted killer David Hosier is incarcerated at the Potosi Correctional Center in southeast Missouri’s Mineral Point (January 2018 file photo courtesy of the Missouri Department of Corrections)

64-year-old David Hosier was convicted of first degree murder and armed criminal action for the 2009 killing of Angela Gilpin of Jefferson City.

Court documents say Hosier had been having an affair with Gilpin, who was a married woman. The court filings say the affair ended, and that Angela reconciled with her husband Rodney in August 2009.

Prosecutors say Hosier broke into Angela Gilpin’s apartment in September 2009, shooting and killing both Angela and her husband.

The Supreme Court heard oral arguments in the case in April, and Hosier’s public defender, Amy Bartholow, argued that his trial counsel was ineffective. She also said that Hosier’s trial counsel should have called a psychiatrist at trial to testify about a stroke and brain damage that Hosier had suffered.

Bartholow told the court during April’s oral arguments that Hosier’s “brain is dead in places.”

Hosier’s public defender, Bartholow, said Hosier suffered a transient ischemic attack in 2007. Her court filings say 2007 medical records from Audrain Medical Center indicate that.

Missouri Assistant Attorney General Greg Barnes argued the case before the Supreme Court in April, saying Hosier was represented by highly-experienced legal counsel.

“Trial counsel, guilt phase trial counsel had over 150 trials worth of experience over many years in both Texas and Missouri,” Barnes told the Supreme Court in April.

Barnes also questioned whether Hosier had a stroke, telling the court in April that the stroke “didn’t explain the 1986 assault on his wife or his threat to kill multiple law enforcement officers or to kidnap his kids and take them to Mexico during that time.”

In a unanimous 7-0 decision written by Judge Paul Wilson, the Missouri Supreme Court today unanimously affirmed Hosier’s convictions, which means he remains under a death sentence.

Click here to read the Missouri Supreme Court’s 31-page opinion.

Hosier remains incarcerated at the maximum-security Potosi Correctional Center in southeast Missouri’s Mineral Point.

While Hosier is suspected of killing Rodney Gilpin, he was never charged for the second murder.

Court documents say Hosier was captured in Oklahoma after the 2009 Jefferson City murders, after urging Oklahoma police officers to shoot him “and get it over with.” The court filings say a STEN submachine gun was used to kill Angela and Rodney Gilpin, and that Oklahoma authorities found it in Hosier’s vehicle. They also found 15 firearms, ammunition, a bulletproof vest, crowbar, latex gloves and a knife.

The court documents also say that Jefferson City Police found an application for a protective order against Hosier, in Angela Gilpin’s purse, after the murders. The court filings also say there was a document in her purse, stating that she was afraid Hosier might shoot her and her husband.

Missouri Supreme Court to hear arguments Tuesday in key Planned Parenthood case

December 9, 2019 By Brian Hauswirth

The Missouri Supreme Court will hear oral arguments Tuesday morning in Jefferson City in a key case involving the state’s legal dispute with Planned Parenthood of the St. Louis Region.

The complicated legal case began when the Legislature appropriated money for fiscal year 2019, which prohibited expenditure of funds to any abortion facility. The sentence specifically reads “no funds shall be expended to any abortion facility as defined in Section 188.015, or any affiliate or associate thereof.”

The Missouri Department of Social Services (DSS), through its Missouri Medicaid Audit and Compliance Unit, denied funding requests from Planned Parenthood, which appealed to the administrative hearing commission (AHC). The AHC ruled in the state’s favor.

However, St. Louis Circuit Judge David Dowd ruled in favor of Planned Parenthood, saying portions of the appropriations bill violated the state Constitution.

Missouri Attorney General Eric Schmitt (R) and Solicitor General D. John Sauer have submitted a 32-page brief to the Missouri Supreme Court, outlining their case. Schmitt and Counselor Sauer say the trial court erred, and that the bill does not violate the single subject provision. They also say the trial court erred in taxing costs against the state of Missouri.

Planned Parenthood of the St. Louis Region is being represented by Jefferson City attorney Chuck Hatfield, who’s submitted a 42-page brief to the Supreme Court.

Counselor Hatfield writes that Judge Dowd’s ruling should be affirmed. He says the appropriations bill violates the state Constitution, and says the Attorney General’s office is quoting opinions that “are neither binding nor persuasive.” Hatfield also says existing state law required the state to pay Planned Parenthood for physician and family planning services it provides to Missouri Medicaid beneficiaries.

The Supreme Court will hear the arguments Tuesday morning at 9:30 in Jefferson City. Missourinet managing editor Alisa Nelson will be covering the case.

Sports betting and alleged illegal slots addressed in Missouri House committee report

December 3, 2019 By Brian Hauswirth

Legislation legalizing sports wagering has the backing of a bipartisan Missouri House gaming committee.

State Rep. Dan Shaul, R-Imperial, speaks on the Missouri House floor in Jefferson City on May 17, 2019 (file photo courtesy of Tim Bommel at House Communications)

The Missouri House Special Interim Committee on Gaming held five hearings between late August and November, and completed its 15-page report on Monday. Committee Chairman State Rep. Dan Shaul, R-Imperial, tells Missourinet it’s now being circulated for signatures.

The committee report views the legalization of sports betting as a “legitimate opportunity to increase state revenues” for education and other programs. By 2020, 18 states will have implemented sports wagering. The report concludes that Missouri would likely lose revenue if it doesn’t remain competitive with other states.

The report also says the state should focus on preserving and growing both the Missouri Lottery and casino gaming, in order to increase revenue for education.

The state has 13 licensed riverboat casinos.

Chairman Shaul describes the report as a status report, to the full House.

“We want to give the General Assembly a set of facts, a set of baseline of where we’re at, and what some problems are out there,” Shaul says.

The report says age restrictions are important and should be used to prevent minors from gambling. The report also says the bulk of sports wagering revenues should be directed to fund education.

Major League Baseball (MLB) representative Jeremy Kudon traveled to Jefferson City in November to testify before the committee. He testifies that Missourians are expected to wager $5.5 billion annually on sports, if it’s legalized. Kudon predicts that casino operators would make about $376 million a year from that, and that Missouri would receive $37 million annually in taxes.

The report also addresses alleged illegal slot machines, which dominated discussion for hours at most of the five hearings.

The report presents facts and recaps testimony about the slot machines, and does not make a formal recommendation. Chairman Shaul told Missourinet after the final hearing in November that the issue is a concern, adding that people want to play these machines.

“So what do we do going forward, how do we thread the needle of good legislation that, one, protects Missouri businesses, protects Missouri consumers and allows people to do what they want at the same time,” Shaul said in November.

The report describes the alleged illegal slot machines as “grey machines”, noting Missouri likely has more than 14,000 of them.

Alleged illegal slots can be found in locations like bars, restaurants, gas stations and convenience stores. There is one pending criminal case in western Missouri’s Platte County, in the Kansas City area. The report says any judicial resolution “is unlikely prior to late 2021.”

Shaul has predicted at several hearings that the Platte County case will likely end up at the Missouri Supreme Court.

While there is no formal recommendation, the committee’s final report says “it may be desirable to act to regulate such machines immediately to resolve uncertainty and prevent further loss of revenue that could be used for educational purposes.” The report also says the problem of illegal gambling is not likely to resolve itself.

The report says the Missouri Lottery and the Missouri Gaming Commission have offered to provide assistance with regulation, enforcement and drafting of legislation to address the issue.

The report will go to House Speaker Elijah Haahr, R-Springfield, and the full House. Missouri lawmakers return to Jefferson City for the 2020 session on January 8.

Shaul: will alleged illegal slots become Missouri’s next feral hog issue?

October 22, 2019 By Brian Hauswirth

A Missouri House committee will hold its fourth hearing about alleged illegal slot machines on Thursday at the Statehouse in Jefferson City.

Missouri House Special Interim Committee on Gaming Chairman Dan Shaul, R-Imperial, speaks at a hearing on August 22, 2019 (file photo courtesy of Tim Bommel at House Communications)

House Special Interim Committee on Gaming Chairman Dan Shaul, R-Imperial, tells Missourinet he believes this issue will end up at the Missouri Supreme Court, because of powerful interests on both sides.

“There’s going to be people that make a lot of money one way or the other, and it’s a lot of protection and the cost of going to the (Missouri) Supreme Court would be certainly less than what they would perceive would be won or lost through this process,” Shaul says.

He also believes the issue will be litigated in court for three or four years.

Alleged illegal slot machines can be found in bars, restaurants, gas stations and convenience stores. The number of complaints the Missouri State Highway Patrol has received about illegal gambling has almost quadrupled, from 39 in 2018 to 145 this year.

Chairman Shaul compares the growing problem of alleged illegal slots to a different issue the Missouri Department of Conservation has dealt with.

“Feral hogs weren’t a problem (in Missouri) ten years ago, we just had a little problem. Well, is this going to become the next feral hog issue in the state,” says Shaul.

The Highway Patrol has testified it only has two full-time investigators to handle illegal gambling complaints and that it’s had to pull investigators from other areas to assist.

The House Special Interim Committee on Gaming plans its fourth hearing Thursday at noon about slot machines, which are officially called “video lottery terminals.” The committee will also hear testimony about sports betting and fantasy sports.

The Missouri Prosecutors Association says the first criminal case in the state involving alleged illegal slots will go to trial in December in western Missouri’s Platte County.

The Missouri Gaming Commission has testified that any illegal gaming machines used in Missouri negatively impact casinos and the state Lottery, reducing taxes and funding for education and veterans.

Supreme Court hears complex rural Missouri CAFO and Clean Water Commission case

September 27, 2019 By Brian Hauswirth

The state Supreme Court has heard oral arguments this week in Jefferson City involving a proposed concentrated animal feeding operation (CAFO) in northwest Missouri’s Grundy County.

The case before the Supreme Court involves whether or not a 2016 state law is constitutional.

Trenton Farms LLC wants to build a swine operation, which is opposed by a group called “Hickory Neighbors United.” Hickory attorney Stephen Jeffery tells the court that a 2016 state law changing the composition of the Missouri Clean Water Commission is unconstitutional because it violates the single subject clause.

“Senate amendment number one is put onto House bill 1713 which amends (RSMO) 644.021 which alters the composition of the Clean Water Commission,” Jeffery tells the judges.

RSMO stands for revised statutes of Missouri.

Jeffery alleges that public representation on the Clean Water Commission “has been severely curtailed” due to the Legislature’s action. He says that because of the law, there is no longer a requirement that at least four members of the Clean Water Commission represent the public.

Much of Jeffery’s legal argument is based on the single subject clause. He says the law was amended, with about one week to go in the 2016 session.

“The membership of the Clean Water Commission has nothing to do with regulating water systems and all the other statutory provisions that were contained in House bill 1713,” says Jeffery.

The law was vetoed by then-Governor Jay Nixon (D) in 2016, but the GOP-controlled Legislature overrode that veto in September 2016, along with 12 other vetoes.

Grundy County residents on both sides of the controversial issue made the three-hour drive from Trenton to Jefferson City on Wednesday to hear oral arguments at the Missouri Supreme Court. CAFO supporters say it’s about economic development and jobs, while opponents worry about water and air quality.

Solicitor General D. John Sauer argued the case on behalf of Missouri Attorney General Eric Schmitt. Sauer is urging the Supreme Court to uphold the 2016 law, saying it’s constitutional. Solicitor General Sauer disagrees with CAFO critics who say the law violates the single subject clause.

“Regulation of water systems is clearly well within the scope of the broad umbrella categories for single subjects that this court has upheld in numerous cases,” Sauer tells the court.

He also says Hickory Neighbors lacks the legal standing to challenge the Clean Water Commission’s composition. Sauer also tells the court that Hickory Neighbors did not raise constitutional challenges on time.

The Supreme Court heard 34 minutes of oral arguments on Wednesday morning. They have not announced when they’ll issue a ruling in the case.

Click here to read the legal briefs from “Hickory Neighbors United” attorney Stephen Jeffery.

Click here to read the legal briefs from Solicitor General D. John Sauer.

A snapshot of the Missouri Legislature’s special session this week

September 9, 2019 By Brian Hauswirth

Missouri lawmakers will return to the State Capitol in Jefferson City on Monday for a special session involving a complicated State Supreme Court ruling about vehicle sales.

Missouri Governor Mike Parson signs legislation on July 10, 2019 (file photo courtesy of Governor Parson’s office)

While it’s not officially on the special session agenda, Democrats in both the House and Senate will have an opportunity to speak on the respective floors about the issue of gun violence, which is a top priority for the Legislative Black Caucus.

Governor Mike Parson (R) announced in August that he’s calling the special session over the Supreme Court’s “Kehlenbrink vs. Department of Revenue” case.

“After reviewing the court’s decision, we’ve decided to call a special session because it’s simply the right thing to do for the people of our state,” Parson announced in August. “The enforcement of this decision would create a financial burden on Missouri taxpayers and unnecessary government red tape that we can proactively prevent.”

The Supreme Court’s summer ruling involves using the sale proceeds of a vehicle as a credit against the purchase price of a new vehicle when calculating sales tax. Essentially, the Supreme Court has unanimously ruled that state law unambiguously permits the sale proceeds of only one vehicle as a credit against the purchase price of a new car, for the purposes of calculating sales tax.

“And really, the simple version of it (the Supreme Court’s ruling) is when you trade cars in, for example if you trade two cars in, you get a credit back on those two cars or for that model if you’re buying another one. There was a ruling by the Supreme Court that says you can only do one,” Parson told Missourinet on August 15 at the State Fair in Sedalia. That was the first time the governor had spoken publicly about the issue.

Parson says the ruling impacts about 2,000 to 3,000 Missourians, adding this is money out of their pocket.

GOP leaders in both chambers indicate the special session should end by Friday.

House Majority Leader Rob Vescovo, R-Arnold, has released a schedule indicating the House will have a technical session on Monday, with floor debate and discussion expected Wednesday morning and afternoon. The House is expected to give final approval to the vehicle tax bill on Wednesday.

Senate President Pro Tem Dave Schatz, R-Sullivan, tells Missourinet he expects the Senate to take possession of the bill on Thursday. A Senate hearing would take place Thursday, and Schatz expects the Senate to approve the bill on Friday.

Under the state Constitution, both chambers will also hold the annual veto session Wednesday at noon, which means they will stop the special session and then reconvene it after veto session ends.

Governor Parson vetoed six bills this year. State Sen. Denny Hoskins, R-Warrensburg, tells Missourinet he doesn’t expect any override attempts in the House or the Senate.

As for the Legislative Black Caucus, they support legislation allowing cities with high gun violence, like St. Louis and Kansas City, to approve their own gun control legislation. They wanted Governor Parson to include the issue in this week’s special session.

The governor opposes that, saying there are “many different opinions on how to find a solution.” Governor Parson met with State Rep. Ashley Bland Manlove, D-Kansas City, and other Black Caucus leaders behind closed doors last week at the Capitol. Representative Manlove says the governor is pushing for improved job opportunities in St. Louis and Kansas City.

The governor told Missourinet’s Jill Enders in St. Charles last week that he plans to send Missouri state troopers to St. Louis within the next 30 days. Parson also supports working with churches, to help prevent violence.

Manlove and other Black Caucus members will have an opportunity to discuss the issue on the floors of the House and Senate. Manlove tells Missourinet children are still dying, noting there have been more than 100 Kansas City homicides in 2019.

She says gun violence is “ravaging our streets,” and notes Kansas City and St. Louis have consistently ranked in the top ten deadliest cities for at least a decade.

Missouri governor calls special session on car sales; Quade blasts decision

August 21, 2019 By Brian Hauswirth

Missouri lawmakers will return to Jefferson City in September for a special session involving a complicated Missouri Supreme Court ruling about vehicle sales.

Missouri Governor Mike Parson briefs reporters at the State Fair in Sedalia on August 15, 2019 (Brian Hauswirth photo)

Governor Mike Parson (R) announced the special session today. Parson told Missourinet on Thursday at the State Fair that he was considering the special session over the Supreme Court’s “Kehlenbrink vs. Department of Revenue” case.

“After reviewing the court’s decision, we’ve decided to call a special session because it’s simply the right thing to do for the people of our state,” Parson announced today. “The enforcement of this decision would create a financial burden on Missouri taxpayers and unnecessary government red tape that we can proactively prevent.”

The Supreme Court case involves using the sale proceeds of a vehicle as a credit against the purchase price of a new vehicle when calculating sales tax. Essentially, the Supreme Court has unanimously ruled that state law unambiguously permits the sale proceeds of only one vehicle as a credit against the purchase price of a new car, for the purposes of calculating sales tax.

Parson said at the fair that the issue “needs to be fixed.” The governor says the ruling impacts about 2,000 to 3,000 Missourians, adding this is money out of their pocket.

House Minority Leader Crystal Quade, D-Springfield, has issued a statement, saying Governor Parson is “putting taxpayers on the hook for unnecessary special session.”

“Roughly 100,000 Missouri children have lost their state health care coverage, but the Parson administration says there’s no problem. Missouri’s irresponsible and weak gun laws have contributed to a sharp spike in gun violence and recently enabled a heavily-armed man to cause a panic at a Springfield Wal-Mart, yet Governor Parson does nothing. There are several issues that demand immediate legislative attention and would justify the cost of a special session. Creating an unnecessary tax break for a handful of people isn’t one of them,” Quade’s statement says.

Governor Parson told Missourinet on Thursday that the special session would be technical, adding that “it would be a very limited special session.” The governor’s comments at the fair indicated that issues like Medicaid and guns were off-the-table for a special session.

Under the governor’s call, lawmakers will return to Jefferson City on September 9. The special session will run concurrently with the veto session, which begins on September 11.

Missouri lawmakers could return to Jefferson City for special session, on vehicle sales

August 19, 2019 By Brian Hauswirth

Missouri’s governor is considering calling a special legislative session this fall in Jefferson City, involving a June Missouri Supreme Court ruling about car sales.

Missouri Governor Mike Parson briefs reporters at the State Fair in Sedalia on August 15, 2019 (Brian Hauswirth photo)

Governor Mike Parson (R) made the announcement at the State Fair in Sedalia on Thursday, in response to questions from Missourinet.

“The special session, we are looking at a couple of issues that we maybe need to be fixed,” Parson says. “We’re going to take a look at that, we’re in that process right now.”

The Supreme Court case is called “Kehlenbrink vs. Department of Revenue”, and involves using the sale proceeds of a vehicle as a credit against the purchase price of a new vehicle when calculating sales tax.

Essentially, the Supreme Court has unanimously ruled that state law unambiguously permits the sale proceeds of only one vehicle as a credit against the purchase price of a new car, for the purposes of calculating sales tax.

The governor says the ruling impacts about 2,000 to 3,000 Missourians, adding this is money out of their pocket. He emphasizes the special session would be technical, adding that “it would be a very limited special session.”

Governor Parson did not indicate when the possible special session would take place. One possibility would be to coincide with the annual veto session, which will take place on September 11 at the Statehouse.