# Cures Without Cloning v. Pund

> Missouri Court of Appeals · May 2, 2008 · 259 S.W.3d 76

URL: https://www.frixlaw.com/law-library/cases/9755228

## Case

- **Full name:** CURES WITHOUT CLONING, Lori Buffa, M.D. and Chelsea Zimmerman, Appellant-Respondents, v. Robert E. PUND and Susan Baier, Respondent-Appellants; Robin Carnahan, Secretary of State, Respondent-Appellant; And Susan Montee, State Auditor, Defendant; Kansas City Area Life Sciences Institute Association and Kansas City Area Life Sciences Institute, Amicus Curiae; Robert P. George, D.Phil, J.D. and Maureen L. Condic, PH.D, Amicus Curiae
- **Court:** Missouri Court of Appeals
- **Decided:** May 2, 2008
- **Citations:** 259 S.W.3d 76; 2008 Mo. App. LEXIS 643; 2008 WL 1912474
- **Precedential status:** Published
- **Opinion:** Concurring in part by Smart
- **Judges:** Howard, Smart, Hardwick
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9755228

## Opinion text

JAMES M. SMART, Jr., J.,
concurring in part and dissenting in part.
The standard of review calls for this court to determine whether the trial court misapplied the law. Once the trial court determines that the Secretary’s statement cannot be approved, the trial court can adjust the Secretary’s draft, or, if it determines it to be necessary, draft its own summary, seeking to comply with the requirements of law. See section 116.190 RSMo 2000.
I agree with my colleagues that the phrase “repeal the current ban on human cloning” would have been likely to confuse rather that to enlighten. I also agree with the majority’s ruling on the constitutional claims of the proponents of the amendment. I differ from my colleagues only in that, in my view, the trial court was justified in drafting her own summary in her effort to improve sufficiency and fairness.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9755228. Public record. Not legal advice.