Filtered slip opinions

The Missouri Supreme Court reversed the circuit court's grant of third-party visitation to Smith under section 452.375.5(5)(a), holding that this statute does not create an independent cause of action for third-party visitation when custody is not at issue. The court determined that Smith lacked standing to seek visitation rights after Martinez was granted full parental rights through adoption.

The court reversed defendant's convictions for second-degree property damage and fourth-degree assault because the trial court failed to conduct an adequate Faretta hearing and failed to ensure a written waiver of counsel was entered prior to trial, as required by Missouri law. Although the defendant did not preserve the issue by objecting at trial, the court found the error must be reviewed because the failure to conduct a proper Faretta hearing is a constitutional violation that cannot be waived.

In this quiet title appeal, the court reversed the trial court's interpretation of an easement deed that the Daumes held over a private roadway. The court rejected the trial court's constructions that the easement's 'non-commercial purposes' limitation prohibited agricultural use and that it was restricted to the Daumes and their immediate family members.

The court reversed the trial court's approval of the summary statement for an initiative petition seeking to amend the Missouri Constitution to prevent public funds from benefiting nonpublic schools. The court agreed with the appellant that the summary statement was insufficient and unfair, and certified an alternative statement to the Secretary of State for inclusion on the ballot.

The Missouri Supreme Court reversed the circuit court's judgment and held that a 2022 statute prohibiting homeowners' associations from banning solar panel installations applies to preexisting covenants, not just prospective ones. The homeowners' challenge to the HOA's restriction on solar panels visible from the street was successful, as the statute's prohibitions supersede prior restrictive covenants.

The Missouri Supreme Court reversed the circuit court's judgment and declared Senate Bill 22 unconstitutional, finding it violated the Missouri Constitution's original purpose requirement. The court invalidated SB 22 in its entirety, determining that the bill's scope expanded far beyond its original stated purpose of amending ballot summary procedures to include unrelated provisions regarding judicial appeals.