Missouri Court of Appeals
From Judgepedia
The Missouri Court of Appeals is the intermediate appellate court for the state of Missouri.
Contents |
Overview
The Court of Appeals handles appeals from the circuit courts. In Missouri, the appellate court system is divided into three districts: Eastern, Western and Southern.[1]
Jurisdiction
The Court of Appeals handles all appeals except those in the Supreme Court's exclusive jurisdiction: challenges to the validity of a United States statute or treaty, the validity of a state constitutional provision or statute, cases requiring construction of revenue laws, the title to state office, and cases where the death penalty is imposed.
Court of Appeals cases may be appealed to the Supreme Court, however, historically less than ten percent of appeals are heard by the Supreme Court. Thus, for the vast majority of appeals, the Court of Appeals decision is final.
Procedure
In an appeal, a record of what occurred in the circuit court is filed. Each side generally files a brief stating its arguments and the basis for them, such as past court decisions and laws. These briefs are open to the public.
The Court of Appeals may hear oral argument from each side, in which each side answers the judges' questions. Like any appellate court, there are no juries or witnesses; the parties argue their cases before the judges, who then determine whether there were prejudicial mistakes made at the trial below. The public may attend.
The Court considers the briefs, oral arguments, and the transcripts, pleadings and exhibits from the trial in researching, deciding, and writing its opinions. The Court must decide the case based on the Constitution and laws, regardless of the judge's personal preference, politics, and any other outside influence. The Court's opinions are public and appear on this website as they are issued.
Judges
The judges of the Court of Appeals are selected under the Missouri Nonpartisan Court Plan, which includes selection by the Appellate Judicial Commission based on merit, gubernatorial appointment, and retention by the voters at the ballot box.
Judges of the Eastern District
The Missouri Court of Appeals, Eastern District, is the state's largest appellate court, with offices located in the historic Old Post Office building in downtown St. Louis. The Court is composed of fourteen judges who handle approximately fifty percent of the intermediate appellate caseload in Missouri, covering twenty-five counties and the City of St. Louis. Oral arguments are regularly conducted in St. Louis, Clayton, Hannibal, Cape Girardeau and other locations within the Eastern District.[2]
- Booker Shaw, Chief Judge
- Clifford Ahrens
- Nannette Baker
- Patricia Cohen
- Kathianne Knaup Crane
- Robert Dowd Jr
- George Draper III
- Gary Gaertner
- Mary Kathryn Hoff
- Lawrence Mooney
- Glenn Norton
- Roy Richter
- Kenneth Romines
- Sherri Sullivan
Judges of the Western District
Based on the number of counties in its jurisdiction (forty-five), the Western District is the state's largest intermediate appellate court, and is located in its own courthouse in downtown Kansas City. The court is composed of 11 judges, and handles almost 40% of the appellate caseload in Missouri. Oral arguments are normally conducted in Kansas City, but are also conducted in Jefferson City, Colombia, St. Joseph, Kirksville, and other western district locations.[3]
- Patricia Breckenridge
- Joseph Ellis
- Lisa White Hardwick
- Ron Holliger
- Victor Howard
- Harold Lowenstein
- Thomas Newton
- James Smart Jr
- Edwin Smith
- Paul Spinden
- Robert Ulrich
Judges of the Southern District
The Southern District has offices in Springfield, MO, and maintains a courthouse and chambers in Poplar Bluff. Oral arguments are regularly conducted in both locations. The Court is composed of seven judges and its jurisdiction covers forty-four counties in southern Missouri.
- Jeffrey W. Bates
- John E. Parrish
- Phillip R. Garrison
- Robert S. Barney
- Nancy Steffen Rahmeyer
- Gary W. Lynch
- Vacancy
