Bale-ing from a Common Sense Reading: Warrants and the Particularity Requirement

The warrant requirement of the Fourth Amendment, along with its sister requirement in the Missouri Constitution, is a vital component of our Bill of Rights.  It protects against unreasonable government intrusion into the private lives of citizens.  Requiring a warrant to describe with particularity the things to be searched and seized further ensures against unreasonable intrusion.  But a recent Missouri case has shaken up the details of the Missouri warrant requirement.  

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Appropriation or Adult Adjudication: Missouri Legislature’s Big Misstep in Passing “Raise the Age” Law

In 2018, the Missouri General Assembly enacted a law to “Raise the Age” for automatically trying certain juveniles as adults within the criminal system.  For T.J., a seventeen-year-old in Missouri, and for many juvenile service providers, this law was the subject of confusion due to an ambiguity within the law regarding the effective date.  The Supreme Court of Missouri had to resolve this dispute to clarify which law was applicable to T.J. and when the jurisdiction of the juvenile division was actually broadened.

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The End of the Fight Between the Missouri Legislature and Missouri Supreme Court in Expanding and Contracting Punitive Damages in Medical Malpractice Actions

“Rhoden’s place in the history of Missouri medical malpractice reform and the subsequent amendment of the statute to require intentional conduct by healthcare providers to sustain a punitive damages award is in the best interest of Missouri healthcare—a state with a shortage of physicians and a history of medical malpractice insurance dilemmas.”

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