Administrative: Dental License - Additional Discipline - Agency Records 
Moore v. Missouri Dental Board (MLW No. 60340/Case No. WD71065 - 24 pages) (Missouri Court of Appeals, Western District, Martin, J.)
Even though records from a dentist’s prior disciplinary proceeding were not properly before the Missouri Dental Board in a proceeding to impose additional discipline because the board did not take official notice of the records, [...]
Immigration: Removal - Motion To Reopen - Subject Matter Jurisdiction
Freeman v. Holder (MLW No. 60312/Case No. 09-1006 - 9 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.)
Where an immigrant sought review of the denial of his motion to reopen removal proceedings, the immigrant did not meet his burden to prove that he was eligible for relief from removal, and he did not show [...]
Immigration: Asylum - Past Persecution - Changed Conditions
Karim, et al. v. Holder (MLW No. 60319/Case No. 08-3684 - 10 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.)
Where an immigrant from Bangladesh sought asylum and withholding of removal based on past persecution, even if there were not problems with the immigrant’s credibility and a false report submitted by him, the government established [...]
Immigration: Asylum - Credibility - Additional Evidence
Thu v. Holder (MLW No. 60309/Case No. 09-1655 - 9 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)
Where an immigrant from Burma claimed the Burmese government perceived him as a political opponent, the government’s issuance of a passport and extensions contradicted his claim, and an immigration judge found other inconsistencies in his testimony and [...]
Driver’s License: DWI - Test Refusal - Second Test
Pruitt v. Director (MLW No. 60306/Case No. WD70414 - 4 pages) (Missouri Court of Appeals, Western District, Ellis, J.)
Where a driver agreed to submit to a breathalyzer test that resulted in a valid reading but she then refused to submit to a blood test, a driver may be required to take both tests, so the [...]
Administrative: Municipal Violation - Jurisdiction - Trial De Novo
City of Springfield v. Belt (MLW No. 60296/Case No. SC90324 - 8 pages)
Where a driver cited for running a red light in violation of a Springfield municipal ordinance requested a trial de novo after his challenge to the citation was rejected by a municipal judge sitting as a hearing examiner at a “contested hearing,” the [...]
Casino wins rehearing, but license still at risk
A court of appeals has sent back for reconsideration a Missouri Gaming Commission resolution stating the President Casino may not move or repair its boat.
Administrative: Gaming Resolution - Judicial Review - Contested Case
President Riverboat Casino, et al. v. Missouri Gaming Commission (MLW No. 60305/Case No. WD71525 - 5 pages)
Where a casino operator sought judicial review of a gaming commission resolution rejecting the operator’s plans to repair, replace or relocate a casino, confusion regarding what the resolution sought to accomplish raises concern that this was a contested case [...]
Driver’s License: Request For Attorney - Implied Consent Law - 20-Minute Rule
Weil v. Director (MLW No. 60253/Case No. ED91753 - 4 pages) (Missouri Court of Appeals, Eastern District, Richter, J.)
Where a driver in a DWI case asked to speak to an attorney before the implied consent law was read to him, according to a recent Missouri Supreme Court case the request was sufficient to invoke the [...]
Public Officers: Public Administrator - Attorney Fees - Probate Cases
France, et al. v. Podleski, et al. (MLW No. 60255/Case No. SD29734 - 7 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.)
Where a public administrator was appointed as the guardian or conservator for the estate of the plaintiffs and the public administrator had oral agreements with two law firms to represent her in probate [...]