Edina, CA police sought a court order requiring from Google disclosure of “name(s), address(es), telephone number(s), dates of birth, social security numbers, email addresses, payment information, account information, IP addresses, and MAC addresses of the person(s) who requested/completed the search” — FOR EVERYONE IN TOWN. And they got it.
The ACLU agreed. And now a federal judge seems to agree.
The Missouri Supreme Court handed down on January 5, 2017 its decision in In the Interest of J.P.B. This is an important case for the termination of parental rights for incarcerated parents. J.P.B. provides guidance on bases for terminating rights and the limitations on constitutional and procedural rights for incarcerated parents facing termination.
Legendary American historian, novelist, jazz and country music critic, and syndicated columnist, Nat Hentoff passed away yesterday. I had the incredible experience of being interviewed by Nat Hentoff during my work on a civil rights case I took all the way to the United States Supreme Court (Mellony Burlison, et al. v. The School District of Springfield, R-12, et al., 708 F.3d. 1034, (8th Cir.2013), cert. denied 134 S.Ct. 151, 187 L.Ed.2d 39 (2013)). Mr. Hentoff wrote a great article, Supreme Court Teaches Students They’re outside Constitution. Nat Hentoff will be sorely missed.
…If Clay County Representative T.J. Berry has his way. He filed HB 2754 which replaces the word “marriage” with “domestic contract” throughout Missouri statutes, as well as makes some other changes. It hasn’t passed yet.
The idea is to protect marriage from gay marriage by ending all marriage.
Among other things, the 394-page bill says:
“Beginning August 28, 2016, all current and previous marriages shall be known and referred to as contracts of domestic union. Two consenting persons who are parties to a valid marriage entered into prior to August 28, 2016, pursuant to this chapter may apply to the recorder of deeds in the county in which their marriage is recorded to have their marriage legally designated and recorded as a domestic union, without any additional requirements of payment or fees, provided that such parties’ marriage was not previously dissolved or annulled. The parties’ valid marriage license shall satisfy the requirements of subsection 3 of this section.” (at page 279).
What does this mean for married people? I haven’t the faintest idea, but it looks like it says your marriage is over and you maybe have a “domestic contract” – or maybe nothing at all – unless you apply with the recorder of deeds.
Missouri mourns today the loss of one of our very best lawyers.
Missouri Supreme Court Judge Richard B. Teitelman passed away today. He served for many years with Legal Services of Eastern Missouri before being appointed by Governor Holden to the Missouri Supreme Court. He was known as a very smart and compassionate lawyer and judge. I personally had the privilege of arguing a case before the Court during his tenure and the questions he asked were indeed insightful and compassionate. I felt very thankful to have him on the bench.
In a 47-page opinion, the Missouri Court of Appeals, Eastern District decided frozen embryos are not children, but marital property of a special character. A copy of the opinion in McQueen v. Gadberry is here.
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The choice of a lawyer is an important decision and should not be based solely upon advertisements.
Some of us are mandated reporters, including all sorts of professionals responsible for the care of children. Sometimes mandated reporters need guidelines. The Children’s Division of the Missouri Department of Social Services publishes a useful handbook, Guidelines for Mandated Reporters of Child Abuse and Neglect.
What should I expect will happen to my driving privilege after I get my first DWI?
The ignition interlock can mean the difference between keeping your job and being unemployed.
Assuming you submitted to the breath test and there was no refusal (which may or may not be a good idea):
You’ve got two choices: 1) 30 day suspension followed by 60 day restricted driving privilege, or 2) take an immediate restricted driving privilege with ignition interlock device installed. You must request the immediate restricted driving privilege and submit proof of installation of the ignition interlock device. More information is here.
What if I am later convicted of the DWI? If I get 8 points on my license, don’t I get a suspension anyhow? I called the office of the General Counsel for the Department of Revenue about this very issue. The way they explained it: Yes, you get your 8-point suspension but if you already served your 90 day restricted driving privilege, you get credit for that time. In effect, you are not denied any additional time driving – at least not for this incident.
Several factors can complicate this scheme. Minors in possession, those with prior DWIs (even out of state), prior suspensions, CDL holders, DWIs resulting in accidents or injury, etc., should expect different outcomes.
Eastern District held a “Siegenthaler schedule” (every other weekend, one night per week, and six weeks in summer with alternating holidays) is SOLE PHYSICAL CUSTODY.
Except maybe not in Missouri anymore…
The Missouri Supreme Court yesterday handed down its decision in State v. Bazell, in which the Court may have effectively overturned a great many convictions for felony stealing. If you or someone you know has a finding of guilt for felony stealing since around 2002, you may want to talk to a lawyer. It could mean the difference between being a felon and not.
Under Section 452.310, RSMo., a parenting plan in Missouri must meet certain requirements.
“The proposed parenting plan shall set forth the arrangements that the party believes to be in the best interest of the minor children and shall include but not be limited to:
(1) A specific written schedule detailing the custody, visitation and residential time for each child with each party including:
(a) Major holidays stating which holidays a party has each year;
(b) School holidays for school-age children;
(c) The child’s birthday, Mother’s Day and Father’s Day;
(d) Weekday and weekend schedules and for school-age children how the winter, spring, summer and other vacations from school will be spent;
(e) The times and places for transfer of the child between the parties in connection with the residential schedule;
(f) A plan for sharing transportation duties associated with the residential schedule;
(g) Appropriate times for telephone access;
(h) Suggested procedures for notifying the other party when a party requests a temporary variation from the residential schedule;
(i) Any suggested restrictions or limitations on access to a party and the reasons such restrictions are requested;
(2) A specific written plan regarding legal custody which details how the decision-making rights and responsibilities will be shared between the parties including the following:
(a) Educational decisions and methods of communicating information from the school to both parties;
(b) Medical, dental and health care decisions including how health care providers will be selected and a method of communicating medical conditions of the child and how emergency care will be handled;
(c) Extracurricular activities, including a method for determining which activities the child will participate in when those activities involve time during which each party is the custodian;
(d) Child care providers, including how such providers will be selected;
(e) Communication procedures including access to telephone numbers as appropriate;
(f) A dispute resolution procedure for those matters on which the parties disagree or in interpreting the parenting plan;
(g) If a party suggests no shared decision-making, a statement of the reasons for such a request;
(3) How the expenses of the child, including child care, educational and extraordinary expenses as defined in the child support guidelines established by the supreme court, will be paid including:
(a) The suggested amount of child support to be paid by each party;
(b) The party who will maintain or provide health insurance for the child and how the medical, dental, vision, psychological and other health care expenses of the child not paid by insurance will be paid by the parties;
(c) The payment of educational expenses, if any;
(d) The payment of extraordinary expenses of the child, if any;
(e) Child care expenses, if any;
(f) Transportation expenses, if any.”