Blog Posts in December, 2011
Posted on Dec 29, 2011 By Jerry Wallentine
As a criminal defense lawyer, I often evaluate whether what the police did was Constitutional in light of the 4th Amendment, regarding searches and seizures. Sometimes the legal issue is clear, but ...
Continue reading "Search and Seizure of Backpack" »
Posted on Dec 28, 2011 By Jerry Wallentine
Annulment in Missouri is applicable to two distinct categories of challenged marriages: Those that are void and those that are voidable. The distinction is that a void marriage is always a nullity, ...
Continue reading "Grounds for annulment under MO law" »
Posted on Dec 27, 2011 By Jerry Wallentine
An agreement that maintenance will terminate "only" upon death excludes application of statute for termination of maintenance upon remarriage. Simpson v. Simpson, No. 91498 (Mo. banc, ...
Continue reading "Marital settlement agreement governs when maintenance may terminate" »
Posted on Dec 22, 2011 By Jerry Wallentine
As you may know, prenuptial or antenuptial agreements, colloquially referred to as prenups, are generally contracts entered by parties prior to their marriage (or civil union in some states). The ...
Continue reading "Do I need a prenuptual agreement?" »
Posted on Dec 19, 2011 By Jerry Wallentine
Divorce filings always seem to decrease around Christmas time. There may be many reasons, including some that we hear such as wanting to keep the family together for one last holiday, or feeling ...
Continue reading "Yuletide season slows divorce filings" »
Posted on Dec 16, 2011 By Jerry Wallentine
Grandparent Custody Affirmed To rebut presumption in favor of parental custody requires proof of “a special, or extraordinary, reason or circumstance [.]” Such circumstance included ...
Continue reading "Grandparent granted custody rights over parents" »
Posted on Dec 14, 2011 By Jerry Wallentine
Interesting article regarding medical marijuana. If you've been charged or arrested for drug possession or paraphernalia possession, contact our Kansas criminal defense firm to speak with an ...
Continue reading "Medical Marijuana" »
Posted on Dec 12, 2011 By Jerry Wallentine
The district court shall grant a decree of divorce or separate maintenance for any of the following grounds, under Kansas divorce law: incompatibility; failure to perform a material marital duty or ...
Continue reading "Grounds for Divorce under Kansas law, an overview" »
Posted on Dec 9, 2011 By Jerry Wallentine
Amendments to the Federal Rules of Appellate, Bankruptcy, Criminal Procedure, and Evidence took effect December 1, 2011. Of special note to the trial lawyer are the changes to the rules of evidence. ...
Continue reading "Federal Rules of Evidence have been amended" »
Posted on Dec 6, 2011 By Jerry Wallentine
A recent New York Times article portrays the phenomenon of law enforcement personnel losing their jobs and promotion opportunities because they believe that drugs—especially ...
Continue reading "Officers face loss of jobs for advocating legalization of drugs" »
Posted on Dec 5, 2011 By Jerry Wallentine
Is plea bargaining unconstitutional? An article published by the Cato institute lays out a strong argument that it is. The essence of the problem is this: when the accused do not accept plea bargains, ...
Continue reading "Are plea bargains unconstitutional?" »
Posted on Dec 2, 2011 By Jerry Wallentine
We all have heard about violence and shootings around the country and around the world, but most people don't expect to have to watch their back for fear of being shot by their best friend. By ...
Continue reading "Silly events sometimes escalate" »
Posted on Dec 1, 2011 By Jerry Wallentine
In light of the recent lawsuit by a local Kansan against social media giant Facebook regarding the use of internet cookies (small stored data files that track information) to track internet usage ...
Continue reading "How to protect your privacy online" »