Tag Archives: Western District of Missouri

When Discovery Can Start

Missouri has said that discovery on a defendant cannot be served until the defendant either enters their appearance or receives service of process. If discovery is served before that time, then no response is required. To learn more, check out … Continue reading

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“I ain’t got no drugs” is a good defense

On a charge of possession with intent to distribute, the state must show that the defendant exercised dominion or control over the object. In one case, a defendant was not convicted when he was riding in a truck and a … Continue reading

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Thirty Days for Child Abuse

Missouri requires the Children’s Division to complete an investigation of child abuse within thirty days of the abuse being reported except for good cause. In addition, the Children’s Division must notify the defendant within ninety days. For more details, see … Continue reading

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Two birds with one stone, or two cops with one bullet?

Mr. Reed repeatedly pulled the trigger of his firearm while trying to point it at two police officers who were after him. Even though only one bullet was fired, Mr. Reed received two convictions for assault on a police officer. … Continue reading

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Going through a divorce?

The Missouri Court of Appeals requires that all property be designated as marital or separate. In addition, Missouri requires that the property be divided fairly and equitably. Make sure your divorce attorney gets this done. If your attorney has questions, … Continue reading

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Have you been a Victim of Fraud?

The Missouri Courts have stated that in order to prove fraud, you must show the following elements: representation of fact, objective materiality, ignorance of falsity, right to rely when “a distinct and specific representation is made to be acted upon … Continue reading

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You’re Fired For Forging that Doctor’s Noteā€¦ Or Are You?

A Missouri Court of Appeals has recently said that willfully falsifying documents with intent to deceive an employer can constitute misconduct. However, whether that misconduct qualifies for termination is another issue. The Missouri Court stated that if the forgery is … Continue reading

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