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Supreme Court puts former ArchCity Defenders attorney on probation
The Missouri Supreme Court on Nov. 1 ordered probation in lieu of suspension for the co-founder of the civil-rights law firm ArchCity Defenders after he made unauthorized purchases on a firm credit card.
Criminal Law: Sentencing-Bazell -Probation
Where a defendant, whose probation was revoked, challenged the judgment overruling her motion for post-conviction relief from sentences imposed in 2017 for felony stealing, the defendant was on probation and had not been sentenced at the time the court decided State v. Bazell, which held that misdemeanor stealing could not be enhanced to a felony, […]
Attorney disbarments increase, reinstatements decrease in 2019
The Missouri Supreme Court issued fewer disciplinary orders in 2019 compared to the previous year, but the total rate of attorneys who were disbarred, suspended or placed on probation remained roughly the same. In 2019, the court disbarred five more attorneys than it did in 2018 — 21 were disbarred in 2019, while 16 were […]
Court orders probation for family-law attorneys
The Missouri Supreme Court has stayed a one-year suspension and ordered 18 months of probation in the cases of two Riverside family law attorneys who admitted to violating ethics rules in their handling of a contentious child-custody dispute. The court’s Oct. 29 order was in line with the recommendation made by a disciplinary hearing panel […]
Administrative: Accountancy License-Probation-Professional Education Deficiencies
Where an accountant challenged the decision of the state’s board of accountancy placing her license on probation for three years, increasing her yearly continuing professional education requirement and ordering her to complete a remedial course, the discipline was an abuse of discretion because the board failed to consider uncontroverted evidence that the accountant had been […]
Supreme Court says judge can’t order three rounds of probation
For two men challenging their terms of probation, the third time was the charm. The Missouri Supreme Court ruled on May 21 that a judge exceeded his authority by putting defendants Gary D. Sampson Jr. and Trevor Griffith on third rounds of probation. The separate cases followed similar trajectories. After pleading guilty to drug charges, […]
Criminal Law: Probation-120-Day Program-Date Calculation
Where a prisoner sought a release to probate or a hearing on whether probation should be granted, arguing that his failure to complete the 120-day treatment program was due to an improper calculation of the 120-day period by the department of corrections, summary judgment for the department is affirmed because even though the beginning […]
Criminal Law: Probation-Earned Compliance Credits
Where defendant sought a writ of prohibition to prevent the trial court from taking any action other than to discharge her from probation, notices of citation filed in her case were not initial violation reports or violation reports, so the state’s issuance of the notices of citation did not stop the accrual of earned […]
Criminal Law: Habeas Corpus-Earned Compliance Credits-Probation
Where a defendant was issued a writ of habeas corpus based on his argument that he was being illegally detained because he was entitled to receive earned compliance credits that caused his probation to expire, which ended the court’s authority over the case and caused the court’s revocation of his probation to be in […]
Denied probation credits can be challenged through habeas
The Court of Appeals Western District ruled Oct. 23 that a writ of habeas corpus was a viable avenue for a criminal defendant to challenge the length of her probation. Doris Stalnacker pleaded guilty to a drug charge in Mississippi County in 2008 and was given five years of probation. Her probation was extended in […]
Criminal Law : Probation – Revocation Hearing – Continuance
Miller v. State (MLW No. 71930Case No. SC996754 – 14 pages) (Supreme Court of Missouri, Breckenridge, J.; all concur)
Criminal Law : Probation – Reinstatement – 120-Day Program
State ex rel. Caldwell v. Ohmer (MLW No. 71146/Case No. ED105705 – 4 pages) (Missouri Court of Appeals, Eastern District, Mooney, J.)
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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- Athena Dickson named vice-president of Missouri Bar
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