Articles Posted in Supreme Court of Missouri

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The Supreme Court made permanent a preliminary writ of prohibition barring the circuit court from taking any further action other than vacating its order granting class certification, holding that the circuit court abused its discretion by certifying an overly broad class with a class representative whose claims were not typical of the class. Plaintiff filed the underlying class action on behalf of all other similarly situated Missouri consumers alleging that Defendant and its predecessors or successors violated statutory notice requirements relating to the repossession and disposition of collateral and collected unlawful interest following default and repossession of the collateral. The circuit court certified two classes and designated Plaintiff as the sole class representative. Defendant then filed a petition for a writ of prohibition arguing that the circuit court abused its discretion by certifying the class. The Supreme Court granted the writ, holding that the circuit court abused its discretion by certifying a class with Plaintiff as the sole class representative where her claims were not typical of the class and she was not a member of the subclass. View "State ex rel. General Credit Acceptance Co. v. Honorable David L. Vincent III" on Justia Law

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The Supreme Court affirmed the judgment of the motion court overruling Appellant’s motion for postconviction relief under Rule 29.15, holding that Appellant’s argument that his appellate counsel was ineffective was unavailing. Appellant was convicted of second-degree murder. On appeal, appellate counsel did not raise as points of error the trial court’s rejections of Appellant’s requested jury instructions. In his Rule 29.15 motion for postconviction relief, Appellant argued that his appellate counsel was ineffective for failing to raise these issues. The motion court denied the motion. The Supreme Court affirmed, holding that appellate counsel’s performance was not constitutionally deficient because appellate counsel did not fail to exercise the customary level of skill and diligence of a reasonably competent attorney. View "Meiners v. State" on Justia Law