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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2023-12-28
Type Ac Refus Breath 302.750/577.04
Docket 29 entries
Disposition tried by court-civil

Parties

Plaintiff Smith, Cedric|Combs, Christopher Michael
Defendant Director Of Revenue
Photo of Hon. Miller Frank Emanuel

Judge

Hon. Miller Frank Emanuel

Bollinger County (MO)

Missouri

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Docket Entries

  2. Judgment Entered JUDGMENT AND ORDER AFTER HEARING ON PETITION FOR REVIEW The Court finding in the affirmative on all three determinations as required by Section 577.041.2 RSMo; IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Temporary Stay Order dated February 14, 2024, is hereby rescinded and held for naught. IT IS FURTHER ORDERED, ADJUDED AND DECREED that 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. IT IS FURTHER ORDERED that a certified copy of this Order be forwarded to counsel and Respondent forthwith. SO ORDERED /s/ Frank E Miller, Division III Certified copies mailed to attorneys of record and any unrepresented parties.
  3. Hearing/Trial Cancelled Associated Entries: 08/28/2024 - Case Review Scheduled + Scheduled For: 09/04/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  4. Sound Recording Log Sheet
  5. Case Review Scheduled ENTRY OF JUDGMENT Associated Entries: 08/29/2024 - Hearing/Trial Cancelled Scheduled For: 09/04/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  6. Hearing Held Matthew Brown and Jake Yates appear in person. Hearing is held, witnesses sworn, and testimonies given. Cause is taken under advisement at this time. Associated Entries: 08/06/2024 - Hearing Scheduled Scheduled For: 08/28/2024; 1:30 PM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  7. Tried by Court-Civil
  8. Subpoena Served
  9. Subpoena Prepared Subpoena Prepared
  10. Subpoena Requested STATE Subpoena; Electronic Filing Certificate of Service. Filed By: JAKE ROBERT YATES
  11. Hearing Scheduled Associated Entries: 08/28/2024 - Hearing Held + Scheduled For: 08/28/2024; 1:30 PM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  12. Hearing Held Matthew Brown and Jake Yates appear in person. State requests a continuance and the Court grants the same. Cause continued to August 28, 2024 at 1:30 p.m. for hearing. Associated Entries: 06/05/2024 - Hearing Scheduled Scheduled For: 08/06/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  13. Subpoena Prepared SUBPOENA PREPARED
  14. Subpoena Requested STATE Subpoena; Electronic Filing Certificate of Service. Filed By: JAKE ROBERT YATES
  15. Hearing Scheduled Associated Entries: 08/06/2024 - Hearing Held + Scheduled For: 08/06/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  16. Dismissal Hearing Held Josh Boardman and Jake Yates appear in person. Cause set for hearing on August 06, 2024 at 9:00 a.m. Associated Entries: 05/01/2024 - Dismissal Hearing Scheduled + Scheduled For: 06/05/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  17. Motion Filed Motion to Remove from Dismissal Docket and Place on Trial Docket; Electronic Filing Certificate of Service. Filed By: CHRISTOPHER MICHAEL COMBS On Behalf Of: CEDRIC SMITH
  18. Proposed Order Filed Proposed Stay Order; Electronic Filing Certificate of Service. Filed By: CHRISTOPHER MICHAEL COMBS On Behalf Of: CEDRIC SMITH
  19. Dismissal Hearing Scheduled Dismissal Associated Entries: 06/05/2024 - Dismissal Hearing Held + Scheduled For: 06/05/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  20. Trial Setting Held Jake Yates appears in person. Cause set for dismissal on June 05, 2024 at 9:00 a.m. Associated Entries: 04/10/2024 - Trial Setting Scheduled Scheduled For: 05/01/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  21. Trial Setting Scheduled Associated Entries: 05/01/2024 - Trial Setting Held + Scheduled For: 05/01/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  22. Case Review Held Joshua Boardman appears in person. Cause continued for trial setting. Associated Entries: 03/06/2024 - Case Review Scheduled Scheduled For: 04/10/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  23. Case Review Scheduled Associated Entries: 04/10/2024 - Case Review Held + Scheduled For: 04/10/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  24. Case Review Held Joshua Boardman and Jake Yates appear in person. Cause continued. Associated Entries: 12/29/2023 - Case Review Scheduled Scheduled For: 03/06/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  25. Order for Stay STAY ORDER Pursuant to the Petitioners filing of a request for a Petition for Review in the above-styled cause of action, and pursuant to the Revised Statutes of Missouri, the Court orders that the suspension/revocation of Petitioners driving privileges be stayed until further order of this Court. This case is set for call docket on March 6, 2024 at 9:00 a.m. SO ORDERED /s/ Frank E. Miller, Division III
  26. Summons Issued-Associate Document ID: 23-ADSM-1918, for DIRECTOR OF REVENUE
  27. Case Review Scheduled Associated Entries: 03/06/2024 - Case Review Held + Scheduled For: 03/06/2024; 9:00 AM; FRANK EMANUEL MILLER; Cape Girardeau (Jackson)
  28. Filing Info Sheet eFiling Filed By: CHRISTOPHER MICHAEL COMBS
  29. Proposed Order Filed Proposed Stay Order. Filed By: CHRISTOPHER MICHAEL COMBS On Behalf Of: CEDRIC SMITH

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