Missouri Supreme Court Quarterly Report, October 2019, Part 1: Types, routes, and results

Oct 31, 2019

By Jim Layton

The 3rd quarter of 2019, which includes the summer doldrums, saw the handing down of just 13 opinions (excluding attorney discipline cases). That compares with 21 opinions in each of the 1st and 2nd quarter.

Of the 13 opinions, 4 were in criminal cases, 1 in a juvenile commitment, and 8 in civil cases.

Four of the cases decided in the first quarter came directly to the Court on appeal””a lower number but higher percentage than earlier quarters in 2019.

Just 1 opinion was issued in a writ proceeding””far lower, in number and percentage, than in the two preceding quarters.

Eight of the opinions were in appeals that came on transfer from the Court of Appeals””more than in the 2nd quarter and the same as in the 1st, but a much higher proportion of the total than in either preceding quarter. Of the 8 appeals taken on transfer, most came from the Eastern District.

The Court reversed, at least in part, in 3 of the 4 criminal opinions and in the juvenile opinion. Of the civil cases, the Court affirmed in 4 and reversed in 4.

James Layton leads the firm’s Appellate practice group and is a member of the firm’s Commercial Litigation, Labor, and Education groups. He assists clients with analysis and presentation of complex legal issues in Missouri and federal courts, both trial and appellate. In addition to handling cases himself and with other attorneys at Tueth Keeney, Jim consults with clients on appellate strategy and assists other counsel in high-stakes, complex appeals.

Jim has briefed and argued cases before the U.S. Supreme Court and before all Missouri appellate courts””including more than 90 cases before the Missouri Supreme Court. He has represented clients in U.S. district courts and in Missouri circuit courts from Jackson County to the City of St. Louis. He has extensive experience with government-related litigation and state taxation disputes. Jim is a fellow of the American Academy of Appellate Lawyers, a past president of the Bar Association of the U.S. Court of Appeals for the Eighth Circuit, and a past chair of the American Bar Association’s Council of Appellate Lawyers. He is a frequent speaker in the areas of appellate practice and constitutional law, both state and federal.