Latest 3 Cases: State v. Golden (Criminal Law), State v. Loper (Criminal Law), Sherrer v. Boston Scientific Corp. (Personal Injury)

In Gratuitously Attacking Marriage Equality, Clarence Thomas Accidentally Raised an Important Question About the Scope of Religious Liberty

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on a statement by Justice Clarence Thomas (joined by Justice Samuel Alito) gratuitously expressing his hostility to the Court’s same-sex marriage decision in Obergefell v. Hodges and his sympathy for Kim Davis, a county clerk in Kentucky who refused to issue marriage licenses to same-sex couples even after the Supreme Court’s decision. Although Justice Thomas characterizes Davis and those like her as people who “refus[e] to alter their religious beliefs in the wake of prevailing orthodoxy,” Dorf points out that no one asked Davis to alter her religious beliefs. Rather, the lawsuit against her contends that she must provide services to the public in accordance with their constitutional rights, whatever her religious beliefs.

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State v. Golden

Docket: SC98018

Opinion Date: October 13, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court reversed Defendant's conviction of felony stealing, holding that because Defendant's conviction for felony stealing was not final when State v. Bazell, 497 S.W.3d 263 (Mo. banc 2016), was decided, Defendant was entitled to the benefit of its ruling at the time of his sentence. Defendant pled guilty to appropriating batteries and a battery charger worth at least $500. Imposition of sentence was suspended, and Defendant was placed on probation for five years. While Defendant was on probation, the Court decided Bazell. Thereafter, the circuit court revoked Defendant's probation and sentenced him to four years in prison. On appeal, Defendant argued that his offense constituted a misdemeanor pursuant to Bazell and he should be sentenced accordingly. The Supreme Court agreed, holding that the circuit court erred in overruling Defendant's objection and sentencing him for a class C felony when, under the Court's holding in Bazell, his offense was a class A misdemeanor.

State v. Loper

Docket: SC98295

Opinion Date: October 13, 2020

Judge: George W. Draper, III

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction of first-degree attempted rape and other offenses, holding that the circuit court committed no error regarding the claims Defendant asserted on appeal. After a jury trial, Defendant was convicted of first-degree attempted rape, second-degree domestic assault, first-degree domestic assault, armed criminal action, and victim tampering. On appeal, Defendant raised five points challenging the circuit court's rulings admitting or excluding certain evidence. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion or plainly err in excluding the challenged evidence

Sherrer v. Boston Scientific Corp.

Docket: SC97465

Opinion Date: October 13, 2020

Judge: Per Curiam

Areas of Law: Personal Injury, Products Liability

The Supreme Court affirmed the judgment of the circuit court in favor of Boston Scientific Corporation (BSC) and C.R. Bard Inc. on Plaintiff's claims related to Defendants' design and manufacture of polypropylene mesh slings that were surgically implanted in Plaintiff, holding that any errors were not prejudicial. Specifically, the Supreme Court held (1) the circuit court did not err in excluding evidence of Bard's prior convictions; (2) the circuit court erred by not sustaining Plaintiff's objections to BSC's and Bard's use of her claims brought in the original petition against former defendants, but the errors were not prejudicial; and (3) the circuit court did not manifestly abuse its discretion in denying Plaintiff's request for a mistrial after Bard displayed to the jury prejudicial evidence of Plaintiff's settlements with the dismissed defendants.