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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2024-02-23
Type Cc Expunge Marij Crim/arrest
Docket 18 entries
Disposition dismiss

Parties

Plaintiff Hicks, Carl Allen|Dan Iets Law Office
Defendant State Of Missouri|Stafford, Scott Douglas|Viets, Daniel L|Folsom, Amy Michelle
Photo of Hon. Koeppen Aaron Gabrial

Judge

Hon. Koeppen Aaron Gabrial

Camden County (MO)

Missouri

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Lawyers

Docket Entries

  1. <td></td><td></td><td></td>
  2. Dismiss by Ct w/o Prejudice COMES NOW, the Court, having heard arguments relating to the Petitioner?s Petition For Expungement of Marijuana Offense Pursuant to Missouri Constitution Article XIV, and hereby denies the same. The Court notes that this is a review of a denial of ?automatic? expungement by another reviewing judge. Petitioner?s argument that the reviewing judge was in error when he refused to grant the automatic expungement is not sound for a number of reasons that were set out in Respondent?s response. The Court agrees that the reviewing judge could have easily found that this conduct was ?inherently dangerous? and therefore, would not qualify for expungement under Article XIV. The reviewing judge found that ?the Petitioner was convicted of the SALE of a controlled substance and is therefore not entitled to expungement.? Revisiting this brief and concise statement by the reviewing judge and re-reading Article XIV, the reviewing judge makes a sound argument, in that, the sale of a controlled substance may not be a ?felony marijuana offense? but instead an offense of selling a controlled substance (which happed to be 9.5lbs of marijuana). There may be other reasons why the reviewing judge did not grant an expungement, nevertheless, this Court refuses to reverse the reviewing judge?s decision at this time. Petition denied. So ordered and adjudged. AGK/br Associated Entries: 06/18/2024 - Cause Taken Under Advisement
  3. <td></td><td></td><td></td>
  4. Cause Taken Under Advisement Associated Entries: 06/21/2024 - Dismiss by Ct w/o Prejudice +
  5. Hearing Held Case called. Attorney Viets appears with Petitioner. Attorney Stafford appears for State. Arguments heard. Cause taken under advisement. AK/jm Associated Entries: 05/28/2024 - Hearing Scheduled Scheduled For: 06/18/2024; 9:00 AM; AARON GABRIAL KOEPPEN; Laclede
  6. <td></td><td></td><td></td>
  7. Hearing Scheduled Associated Entries: 06/18/2024 - Hearing Held + Scheduled For: 06/18/2024; 9:00 AM; AARON GABRIAL KOEPPEN; Laclede
  8. Notice of Hearing Filed Request for Setting and Notice of Hearing; Electronic Filing Certificate of Service. Filed By: DANIEL L VIETS On Behalf Of: STATE OF MISSOURI, CARL ALLEN HICKS
  9. <td></td><td></td><td></td>
  10. Notice of Hearing Filed Request for Setting and Notice of Hearing; Electronic Filing Certificate of Service. Cause not set due to not a good time. jm Filed By: DANIEL L VIETS On Behalf Of: STATE OF MISSOURI, CARL ALLEN HICKS
  11. <td></td><td></td><td></td>
  12. Response Filed Respondents Response to Petitioners Petition for Expungement; Electronic Filing Certificate of Service. Filed By: AMY MICHELLE FOLSOM
  13. <td></td><td></td><td></td>
  14. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: SCOTT DOUGLAS STAFFORD
  15. <td></td><td></td><td></td>
  16. Summons Issued-Circuit Document ID: 24-SMCC-224, for STATE OF MISSOURI Summons attached in PDF form for attorney to retrieve from secure case.net and attach copy of Petition for service by sheriff
  17. Filing Info Sheet eFiling Filed By: DANIEL L VIETS
  18. Note to Clerk eFiling Filed By: DANIEL L VIETS

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