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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[...]
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 […]
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 […]
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 […]
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 […]
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.)
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.)
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.)
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[...]
‘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. […]
Legal Roundup
St. Louis attorney picked as MU curator COLUMBIA (AP)Â 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, […]
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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- Cole County prosecutor loses third Sunshine Law appeal
- Supreme Court weighs lagging symptoms in work comp case
- New accommodation rights for pregnant workers offer broad protections
