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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2023-12-22
Type Ac Refus Breath 302.750/577.04
Docket 58 entries
Disposition tried by court-civil

Parties

Plaintiff Whalen, Orlando Bennie Jr|Scanlon, Philip Greer
Defendant Missouri Director Of Revenue
Photo of Hon. Kamp Gary Albert

Judge

Hon. Kamp Gary Albert

Missouri

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Lawyers

Docket Entries

  2. udgment Entered JUDGMENT AND ORDER ON PETITION FOR REVIEW IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Temporary Stay Order dated 1/8/2024 is hereby rescinded and held for naught, the order of the Director of Revenue of the State of Missouri revoking the driving privilege of the Petitioner for refusing to take a blood or breath test at the request of a law enforcement officer is hereby given full force and effect. SO ORDERED: /s/ Gary A. Kamp, Senior Judge
  3. ried by Court-Civil
  4. earing/Trial Cancelled Associated Entries: 01/07/2025 - Case Review Scheduled + Scheduled For: 02/05/2025; 9:15 AM; GARY ALBERT KAMP; Cape Girardeau (Jackson)
  6. udge Assigned Senior Judge Gary A. Kamp will be covering all Division III cases in the counties of Cape Girardeau, Perry and Bollinger until the new Div III Judge is appointed and takes office.
  8. ound Recording Log Sheet
  9. ase Review Scheduled Entry of Judgment Associated Entries: 01/22/2025 - Hearing/Trial Cancelled Scheduled For: 02/05/2025; 9:15 AM; GARY ALBERT KAMP; Cape Girardeau (Jackson)
  10. ench Trial Held Petitioner appears not nor by counsel. Respondent appears not but by counsel, Parker Brown. The Court takes up the matter for hearing. Witnesses sworn. Evidence adduced. Cause taken under advisement. Associated Entries: 11/06/2024 - Hearing Scheduled + Scheduled For: 01/07/2025; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  12. dministrative Order Filed ADMINISTRATIVE ORDER NOW, THEREFORE, IT IS ORDERED that Senior Judge Gary A Kamp is assigned to hear all Division III cases pending in the 32nd Judicial Circuit Courts of Missouri, from January 6, 2025, until further order from the Court. SO ORDERED /s/ Benjamin F Lewis, Presiding Judge
  14. ubpoena Served
  16. ubpoena Prepared
  18. ubpoena Requested STATE Subpoena; Electronic Filing Certificate of Service. Filed By: JAKE ROBERT YATES
  20. earing Scheduled DOR HEARING Associated Entries: 01/07/2025 - Bench Trial Held + Scheduled For: 01/07/2025; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  21. rial Setting Held Ethan Wolfe and Jake Yates appear in person. Cause set for hearing on January 7, 2025 at 9:00 a.m. Associated Entries: 09/27/2024 - Trial Setting Scheduled Scheduled For: 11/06/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  23. rial Setting Scheduled Associated Entries: 11/06/2024 - Trial Setting Held + Scheduled For: 11/06/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  24. earing/Trial Cancelled Attorney Scanlon called the Clerk and stated he tested positive for Covid-19 and would need to continue the case. Cause continued to November 6, 2024 at 9:00 for trial setting per Judge Miller's instruction. Associated Entries: 07/03/2024 - Bench Trial Scheduled Scheduled For: 09/27/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  25. ubpoena Served
  26. ubpoena Served
  27. ubpoena Prepared
  28. ubpoena Requested STATE Subpoena; Electronic Filing Certificate of Service. Filed By: JAKE ROBERT YATES
  29. ench Trial Scheduled Associated Entries: 09/27/2024 - Hearing/Trial Cancelled + Scheduled For: 09/27/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  30. rial Setting Held Parker Brown appears in person. Philip Scanlon appears by submission of available dates. Cause set for trial on September 27, 2024 at 9:00 a.m. Associated Entries: 06/26/2024 - Trial Setting Scheduled Scheduled For: 07/03/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  31. vailable/Conflict Dates Filed Notice of Available Dates; Electronic Filing Certificate of Service. Filed By: PHILIP GREER SCANLON On Behalf Of: ORLANDO BENNIE WHALEN JR
  32. rial Setting Scheduled Associated Entries: 07/03/2024 - Trial Setting Held + Scheduled For: 07/03/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  33. earing/Trial Cancelled Due to scheduling conflicts, the hearing on July 02, 2024 at 9:00 a.m. is cancelled. Cause continued to July 03 for resetting. Counsel for petitioner need not appear and can submit available dates. Associated Entries: 05/01/2024 - Hearing Scheduled + Scheduled For: 07/02/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  34. ubpoena Served Subpoena Served
  35. ubpoena Prepared SUBPOENA PREPARED
  36. ubpoena Requested STATE Subpoena Requested; Electronic Filing Certificate of Service. Filed By: JAKE ROBERT YATES
  37. otion Granted/Sustained Associated Entries: 05/01/2024 - Motion for Continuance +
  38. earing Scheduled Half day hearing Associated Entries: 06/26/2024 - Hearing/Trial Cancelled + Scheduled For: 07/02/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  39. ismissal Hearing Held Jake Yates appears in person. Philip Scanlon appears by Motion to Continue and submission of available dates. Cause set for hearing on July 02, 2024 at 9:00 a.m. Associated Entries: 04/10/2024 - Dismissal Hearing Scheduled Scheduled For: 05/01/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  40. vailable/Conflict Dates Filed Notice of Available Dates; Electronic Filing Certificate of Service. Filed By: PHILIP GREER SCANLON On Behalf Of: ORLANDO BENNIE WHALEN JR
  41. otion for Continuance Motion to Continue; Electronic Filing Certificate of Service. Filed By: PHILIP GREER SCANLON On Behalf Of: ORLANDO BENNIE WHALEN JR Associated Entries: 05/01/2024 - Motion Granted/Sustained
  42. ismissal Hearing Scheduled Associated Entries: 05/01/2024 - Dismissal Hearing Held + Scheduled For: 05/01/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  43. ase Review Held No one appears. Cause set for dismissal hearing on May 01, 2024 at 9:00 a.m. Associated Entries: 03/06/2024 - Case Review Scheduled Scheduled For: 04/10/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  44. ase Review Scheduled Associated Entries: 04/10/2024 - Case Review Held + Scheduled For: 04/10/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  45. ase Review Held Tommy Pisciotta and Jake Yates appear in person. Cause continued. Associated Entries: 12/26/2023 - Case Review Scheduled Scheduled For: 03/06/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  46. etn Serv-Reg/Cert Mail Succs ;Updated Service Text - Summons served via certified mail upon Director of Revenue and Cape Girardeau County Prosecuting Attorney; Updated Service Text - Document ID - 23-ADSM-1894; Served To - MISSOURI DIRECTOR OF REVENUE; Served Date - 01/19/2024; Served Time - 13:01:53; Service Type - CT; Reason Description - SERV; Service Text -Summons served via certified mail upon Director of Revenue and Cape Girardeau County Prosecuting Attorney
  47. xhibit Filed EXHIBIT 2; Electronic Filing Certificate of Service. Filed By: TRAVIS L NOBLE On Behalf Of: ORLANDO BENNIE WHALEN JR
  48. xhibit Filed EXHIBIT 1; Electronic Filing Certificate of Service. Filed By: TRAVIS L NOBLE On Behalf Of: ORLANDO BENNIE WHALEN JR
  49. otice of Service CERTIFICATE OF SERVICE; Electronic Filing Certificate of Service. On Behalf Of: ORLANDO BENNIE WHALEN JR
  50. rder for Stay Pursuant to the Petitioner?s filing of a request for a Petition for Review in the above-styled cause of action, and pursuant to the Revised Statues of Missouri, the Court orders that the suspension/revocation of Petitioner?s driving privileges be stayed during the pendency of this cause or until further notice of the Court. SO ORDERED /s/ Frank E. Miller, Div III
  51. RIFS/Unredacted Document CRIFS - Petition for Review; Petition for Review; Electronic Filing Certificate of Service in associated to Associate Court filed on 12/22/2023. Filed By: PHILIP GREER SCANLON On Behalf Of: ORLANDO BENNIE WHALEN JR Associated Entries: 12/22/2023 - Pet Filed in Associate Ct +
  52. ummons Issued-Associate Document ID: 23-ADSM-1894, for MISSOURI DIRECTOR OF REVENUE
  53. ase Review Scheduled Associated Entries: 03/06/2024 - Case Review Held + Scheduled For: 03/06/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  54. iling Info Sheet eFiling
  55. RIFS/Unredacted Document CRIFS - Filing Info Sheet; Filing Info Sheet - Non-Redacted in associated to Supplemental (other) filed on 12/22/2023. On Behalf Of: ORLANDO BENNIE WHALEN JR
  56. onfid Filing Info Sheet Filed Filing Information Sheet - Redacted. On Behalf Of: ORLANDO BENNIE WHALEN JR
  57. roposed Order Filed Proposed Stay Order. On Behalf Of: ORLANDO BENNIE WHALEN JR
  58. ot to Produce Documents Motion for Production of Documents. On Behalf Of: ORLANDO BENNIE WHALEN JR

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