Jan 2, 2018
Summary: The method of assembling the record for an appeal in Missouri state courts changed substantially on January 1, 2018. Tueth Keeney’s Jim Layton describes the change””and provides some hints. Appellate News: A new approach to the Missouri “legal file” Many lawyers looked past the Missouri Supreme Court’s June 30 order announcing a substantial revision of Rule 81.12, “Record on Appeal,” and a new Court Operating Rule 27.04. But starting January 1, 2018, those changes created a
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Dec 16, 2017
Effective January 1, 2018, a new Missouri rule dramatically changes the line spacing requirements for appellate briefs. The rule effective until December 31 required double spacing for everything in the brief that matters to the writer””and the reader: Rule 84.06(a) “¦ The Brief shall: “¦ (5) Be double-spaced, except that the cover, any required certificate of service, certificate required by Rule 84.06(c), and signature block may be single-spaced. The double-space rule was imposed because when brief length was regulated by
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Nov 28, 2017
Jim Layton of Tueth Keeney filed suit this morning on behalf of a member of the State Board of Education who Governor Greitens attempted to fire last week. Governor Greitens appointed Tim Sumners to the State Board in October. But on November 20, a member of the Governor’s staff called Mr. Sumners to say that the governor had “withdrawn” the appointment. Governor Greitens then appointed Jennifer Edwards to the Board. When Mr. Sumners appeared at the November
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Nov 15, 2017
Tueth Keeney’s Jim Layton has filed an application for transfer in the Missouri Supreme Court on behalf of the Cole County (Missouri) Assessor. The case, Union Electric (Ameren) v Estes (No. SC96781) is the lead appeal among those from 16 counties where Ameren sought lower assessments on natural gas distribution property. The amount ultimately at issue is significant to school districts and others who rely on property tax: the amount could be as much as $600,000 annually in Cole County
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Oct 17, 2017
In two October presentations, attorney Jim Layton of Tueth Keeney is training attorneys general in the United States about the art of legal writing. On October 13, Jim delivered a presentation on “Legal Writing in the Digital Age” to all the attorneys in the Utah Attorney General’s office. Later in the month of October, Jim will address the same topic as a faculty member “” for the seventh time “” at the NAGTRI Persuasive Legal
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Sep 13, 2017
Today Tueth Keeney attorney Jim Layton, formerly Missouri Solicitor General, spoke in the plenary session of the Missouri Judicial Conference in Kansas City. The Conference includes Missouri’s 142 circuit judges, 201 associate circuit judges, and 39 court of appeals and supreme court judges. Jim’s topic was, “Five things every Missouri judge should know about the Missouri constitution.” The “five things” Jim discussed are:
- It’s not very old.
- It’s not a delegation of power.
- It’s about procedure, not
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Jun 29, 2017
On July 13, Jim Layton of Tueth Keeney will join University of Missouri Law School Professor Emeritus Carl Esbeck speaking about the recent U.S. Supreme Court decision in Trinity Lutheran Church v. Comer. The event at the United States Courthouse is sponsored by the Federal Bar Association, the Federalist Society, and the Federal Practice Committee of the U.S. District Court. Jim, formerly Missouri’s Solicitor General, argued
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Jun 26, 2017
The United States Supreme Court ruled today in Trinity Lutheran Church of Columbia v. Comer, argued in April by Tueth Keeney attorney James Layton. The case arose from the Missouri Department of Natural Resources applying Missouri’s long-standing constitutional provision barring money from the public treasury from being given to a church. Similar language is found in constitutions in most other states. Here, the constitutional language was applied to exclude the preschool ministry of Trinity Lutheran
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Jun 22, 2017
Jim Layton, head of Tueth Keeney’s appellate practice group, was on the faculty of the 2017 “Appellate Forum,” an annual training program for all Missouri appellate judges, held at the University of Missouri Law School on June 22. Jim’s topic was “Five Things Every Judge Should Know About the Missouri Constitution.” Jim often taught State Constitutional Law during his 20 years as a adjunct professor at
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Jun 13, 2017
Nearly six years ago, the Board of Regents for what was then called Linn State Technical College required drug testing for all students. This month, the court challenge to that policy, which began in September 2011, came to a quiet end as the U.S. Supreme Court refused to consider the case. The State Technical College policy was intended “to provide a safe, healthy and productive environment for everyone who learns and works at Linn State Technical college by detecting, preventing
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James R. Layton