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text messages

Dec 26, 2019

Criminal Law: Batson Challenge-Text Messages-Expectation of Privacy

1)Where a defendant, who was convicted of charges including voluntary manslaughter, challenged the denial of his Batson challenge, the state gave appropriate, race-neutral reasons for striking an African American venireperson, and in a reverse-Batson issue, the trial court’s denial of the defendant’s peremptory challenge was harmless error. 2)Where a defendant argued that the trial court [&hel[...]

Dec 16, 2019

Text-look case: No privacy for messages sent to third parties, appeals court rules

A Missouri appeals court has ruled for the first time that a person does not have a reasonable expectation of privacy when it comes to text messages the person sent to third parties. On Dec. 10, a three-judge panel of the Missouri Court of Appeals Western District affirmed the conviction of Ramon D. Boyd for […]

Nov 15, 2019

Criminal Law: Admission of Evidence-Text Messages-Drug Transactions

Where a defendant challenged the admission of text messages referring to alleged past drug transactions, the messages between the co-defendant and a third person were not hearsay, and the evidence was properly admitted under Rule 801(d)(2)(E). Judgment is affirmed. U.S. v. Madden (MLW No. 74122/Case No. 19-1369 – 2 pages) (U.S. Court of Appeals, 8th […]

Nov 8, 2019

Got a weird text? A telecom vendor says it’s to blame

If you woke up to a weird text that seemed totally out of place, you aren’t alone. A mysterious wave of missives swept America’s phones overnight, delivering confusing messages from friends, family and the occasional ex. Friends who hadn’t talked to each other in months were jolted into chatting. Others briefly panicked. A telecom vendor […]

Sep 6, 2019

Criminal Law: Consensual Encounter-Reasonable Suspicion-Text Messages

Where a defendant challenged the denial of a motion to suppress evidence found after he was questioned about a domestic disturbance and then arrested after the officers saw that he was standing on a bag of methamphetamine, the encounter was consensual rather than coercive and the officers developed a reasonable suspicion that a crime was […]

Sep 19, 2016

Criminal Law : Best Evidence Rule – Text Messages – Drug Conspiracy

U.S. v. Trotter (MLW No. 69704/Case No. 15-2006 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.)

Apr 30, 2014

Criminal Law : Text Messages – Hearsay – Authorship

State v. Francis (MLW No. 66350/Case No. ED100009 – 28 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.)

Jan 25, 2012

Criminal Law: Subpoena – Text Messages – Expectation Of Privacy

State v. Clampitt (MLW No. 63214/Case No. WD73943 – 16 pages) (Missouri Court of Appeals, Western District, Ellis, J.)

Jul 22, 2009

Judgment for $7.3M is based on texting

A $7.3 million judgment this week ended a lawsuit that, in an unusual turn, became a path-breaking case about harassment through text messages. The lawsuit was filed in 2007 and was, until just a day before the judgment was entered on Tuesday, largely based on claims of childhood sexual abuse. After a confidential agreement between the parties, the plaintiffs dropped that count, along with alle[...]

Jun 26, 2009

‘Sexting’ prosecutions raise legal issues

Imagine you are the parent of a teenager, who most likely possesses a cellphone and access to the Internet. Combined with raging hormones, you have a recipe for “sexting” – the transmittal of nude or seminude photos through a cellphone. The same photos may be posted on social networking sites such as MySpace or Facebook. […]

Mar 17, 2009

Legal Roundup

St. Louis attorney picked as MU curator COLUMBIA (AP)  A St. Louis attorney is Gov. Jay Nixon’s choice to fill one of three vacancies on the University of Missouri system’s Board of Curators. Fifty-one-year-old Don Downing is a former chief deputy attorney general under Nixon, as well as a campaign supporter. He succeeds Marion Cairns, […]

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