Sub Silentio Opinions, Appeals

“Sub silentio” means “without notice being taken or without making a particular point of the matter in question.” Badahman v. Catering St. Louis, 395 S.W.3d 29, 49 fn 10 (Mo. 2013). This term is used to refer to the practice of appellate courts overturning cases without explicitly stating so. Although this is possible, it is disfavored.

Courts presume, absent a contrary showing, that a prior opinion has not been overruled sub silentio. State ex rel. Beisley v. Perigo, 469 S.W.3d 434, 440 (Mo. 2015). Indeed, “if the majority chooses to overrule [a case] it is far preferable to do so by the front door of reason rather than the amorphous back door.” Id.

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