A trial court should have admitted an out-of-state conviction in a revoked license case, the Missouri Court of Appeals for the Western District ruled in a reversed and remanded decision. In William G. Friedrich, Respondent, v. Director of Revenue, Appellant, ...
Read More »Supreme Court revisits decision
For more than two decades – since the Supreme Court’s 1981 decision in New York v. Belton, police have had a clear right to search an automobile as “contemporaneous incident” of the arrest of its occupant. But what if the ...
Read More »State Judicial vacancy filled
Gov. Bob Holden on Tuesday announced the appointment of William Thomas Lohmar Jr. to the 11th Judicial Circuit Court. He replaces Judge Steve Ehlmann who left the bench to become the county administrator for St. Charles County. “We are fortunate ...
Read More »Pro Se defendant gets new trial
A circuit court’s failure to explain the dangers of self-representation to a man defending himself pro se against charges of resisting arrest will lead to a new trial, the Missouri Court of Appeals, Eastern District, ruled in a partially reversed ...
Read More »Criminal nonsupport reversed
Despite the fact the defendant didn’t pay the amount of child support ordered to him, the prosecution’s lack of evidence to determine what expenses the children needed resulted in a reversed and remanded criminal nonsupport decision, the Missouri Court of ...
Read More »Claim deadline approaching
The first round of deadlines for more than 4.3 million homeowners to complete claims in a legal settlement with Masonite Corp. Hardboard Siding has arrived. The Homeowners Against Defective Dwellings, a consumer organization, issued a reminder last week that a ...
Read More »Arguments before Supreme Court begin in Doe Run case
State Supreme Court arguments were heard last week on a case involving claims against a high-ranking officer in the Doe Run Resources Corp. in Herculaneum and whether to transfer the case to a venue other than the city of St. ...
Read More »Good ways to deal with difficult opposing counsel
The first place a lawyer who is faced with a difficult opposing counsel should look for a solution is within because it takes two people to create and maintain hostility. That was the message at a continuing legal education (CLE) ...
Read More »Wife's maintenance terminated
Despite terms of a “contractual, non-modifiable and non-dischargeable” maintenance, the Missouri Court of Appeals for the Western District ruled in favor of an ex-husband’s request to terminate maintenance because his ex-wife remarried. “This is a case of when language is ...
Read More »Claim of workplace harassment fails
Even if a male co-worker routinely criticized the work of a female box maker in a meat packing plant, because he was not her ‘supervisor,’ and because the comments were not ‘based on sex,’ there is no harassment claim under ...
Read More »County required to pay deputy juvenile officer's salary
A decision handed down by the Missouri Supreme Court on Tuesday reflects the effects of a financially strapped state on its judicial system. In its reversed opinion, the high court authorized a bi-county circuit court to tap into funding from ...
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