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Blog Posts in 2012

102 results found. Viewing page 1 of 5. Go to page 1 2 3 4 5   Next

Kansas Attempts to Enforce Child Support on a Sperm Donor

William Marotta donated sperm and two lesbian women used the sperm to have a child. In March 2009, he signed a contract with them waiving his parental rights. However, Kansas, is attempting to declare ...
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Over 200 Educators Taking Gun Training Today

Today, more than 200 Utah teachers are packing a convention hall to obtain six hours of fun training. Specifically, they are training for concealed carry. In the aftermath of the Connecticut shooting, ...
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Default judgment properly set aside in divorce case; attorneys fees award supported

Recent Case: JT Appellant vs. AT, Respondent Missouri Court of Appeals, Eastern District - ED97995 Father appeals from the trial court's judgment of November 8, 2011, dissolving his marriage with ...
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Man Dies In Car Wreck

Thirty six year old, Randy Beery of Kansas City, Kansas died last weekend after he had a car wreck in the snow and hit a tree while driving south on Shawnee Drive, just north of County Line Road. His ...
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RGIII Fined $10,000 for Wearing Adidas Instead Of Nike

Rookie Superstar sensation RGIII has was just fined $10,000 by the NFL for wearing Adidas at his postgame news conference this past weekend. The official reason given by the NFL was that he was ...
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Video Of Trooper Sexually Assaulting Two Women

Yesterday, I wrote a blog article about two women who were sexually assaulted by law enforcement. Today I learned that there is a video of the event. As an attroney, I have seen hundreds of police ...
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Encroachment Laws to Be Enforced in Olathe, Kansas

Encroachment Is Illegal in Olathe, Kansas I have always thought it would be nice to live right next to city owned property. You would have the benefit of having extra property at your disposal right? ...
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Two Women Sue State Troopers Over Drunk Driving Investigation Gone Too Far

Twenty four year old, Ashley Dobbs, and her thirty eight year old aunt, Angel Dobbs, are suing Texas state Troopers Kelley Hellerson and David Farrell in federal court. Allegedly, on July 13, 2012, ...
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Kansas Libertarians to File Suit Regarding Gun Laws

The State law in Kansas allows citizens to openly carry firearms. However, a few cities in Kansas like Lenexa, Prairie Village, Leawood, and Kansas City have city ordinances against it. It appears ...
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Six Kansas City Employees and One Jackson County, MO Worker Arrested in Insurance Fraud Bust

Federal Officials Arrest One Jackson County, Missouri and Six Kansas City, MO Employees in Insurance Fraud Bust Allegedly, the seven suspects had committed insurance fraud crimes against Blue Cross ...
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Vehicle Related Bike Wreck

Three years ago I purchased quality mountain bikes for my wife and myself. We enjoyed it so much that we ended up getting bikes for the whole family so we could ride together. However, we quickly ...
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Ford Announces Recall and Update for 2013 Escape and Fusion

Two days ago, Ford announced corrective action to address potential engine overheating for some of their 2013 Ford Escape and Ford Fusion vehicles. If you bring your vehicle in, Ford will update the ...
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Evidence of Refusal To Take SFST Allowed Drunk Driving Case

Under the U.S. Constitution, you have a 5 th Amendment right to refuse the SFSTs in criminal DUI's correct? Wrong. The courts have deemed these "tests" as non-testimonial. However, ...
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Petitioner (challenger) must pay for genetic tests

Missouri has an expedited procedure for determining paternity for the purpose of child support. However, a common pitfall of this rush to judgment is that many men are adjudicated fathers without ...
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Spousal Maintenance ("Alimony") terminated when all the reasons it was granted have changed

An action to terminate modifiable maintenance was granted. The case is fact-specific, but deserves reporting simply because of the dearth of appellate cases in which modifiable maintenance is ...
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K.S.A. 8-1522 and 8-1514

As a criminal defense lawyer I love the cases that discuss how cars on not trains on rails. Therefore, some level of weaving is perfectly acceptable. As a DUI defense attorney, I cannot tell you how ...
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Child's conduct toward parent irrelevant in child support payments

Trial Court erred in failing to follow two-step procedure for determining child support. Child's SSI from Father's disability does not constitute income to Father or credit for Mother. ...
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In a Split Decision, the Kansas Supreme Court Upholds Cap Limits

Section 5 of the Kansas Constitution Bill of Rights could not be simpler or more plain: "The right to trial by jury shall be inviolate." This is clear and should be followed. The decision ...
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Spousal Maintenance ("Alimony") may NOT be used to equalize incomes

New case law. Among other things, the appellate court ruled that whether divorcing parties have widely different post-divorce incomes is irrelevant. A much-needed corrective to how many divorce judges ...
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Costs Growing Du to Aging Inmates

In 1970, young minor league pro baseball player William "Lefty" Gilday assisted a group of students attempting to rob a bank. Unfortunately, when the police responded, officer Walter ...
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"Significant" visitation precludes "sole" physical custody

Recent ruling: TC A Minor Child, by and through JC, Next Friend and JC, Individually v SI Missouri Court of Appeals, Western District - WD7455 Father appeals from a judgment entered in the Circuit ...
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Shaken Baby "Science" Disputable

On August 20, 2022, Drayton Witt was sentenced to twenty years in prison for the death of an infant. Allegedly, he killed the baby by shaking the child, which is known as "shaken baby." ...
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Caselaw update: child's name change within trial court's discretion

Recent Case: M.R.H., Respondent, vs. J.N.P., Appellant. Missouri Court of Appeals, Eastern District - ED97338 More common in paternity actions than divorce actions, the issue of what surname the child ...
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Genetic tests mught be insufficient standing alone

Identical twins yield identical paternity tests. State of Missouri, ex rel., Department of Social Services, Division of Child Support Enforcement, and Holly Marie Adams, Petitioners/Respondents v. ...
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Judge Should Not Invade the Province Of The Jury

As a trial lawyer, it's always interesting to see the questions the juries send to the judge and the attorneys while they are deliberating. Typically, the answer to the juries is to rely on their ...
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