DWI Conviction Upheld, but Reversed for Re-Sentencing

A conviction for driving while intoxicated (“DWI”) and resisting arrest was upheld where the Court of Appeals determined that there was evidence that defendant was driving his vehicle while intoxicated, albeit thirty (30) minutes expired before law enforcement made contact with the driver. The evidence presented at trial revealed that the Defendant had stopped his


Quandt Participates in Chamber Internship Program

Matthew D. Quandt, a 2011 Summer Law Clerk at Brydon, Swearengen & England P.C., recently participated in the Jefferson City Area Chamber of Commerce Internship Initiative Program.  The program is designed to provide opportunities for interns to network and learn about the Jefferson City area. Matthew is preparing to enter his third year of law


Disability denied? Appeal!

Don’t be surprised if Social Security denies your claim for benefits. Most people’s initial claims are denied. The real question is:  What should you do now? One option is to submit a new disability application. The drawback of this approach, however, is that your new application will be considered by the same state Disability Determination


Wiseman Organizes HALO Fundraiser

Erin Wiseman, member of Rotaract, organized the Togas and Tutus Jog Off to benefit HALO (Helping Arts Liberate Orphans) on Saturday, May 14, 2011. Rotaract is a professional organization founded for young professionals to promote responsible citizenship, professional skills, and to employ leadership. Erin Wiseman has a general civil practice that includes criminal law, family law


Shareholders Attend CLE

On May 10, BSE shareholders Johnny K. Richardson, L. Russell Mitten and Scott A. Hamblin attended a continuing legal education course at the Missouri Supreme Court entitled “The Constitution, the Supreme Court, and Judicial Decision-Making: A Historical and Ethical Perspective.” The CLE was presented by Supreme Court Judge Michael Wolff and MU Political Science Professor Emeritus


Divorce: Court Ordered Sale of Marital Home

Even in this tough economy, divorce courts in Missouri continue to have the authority to order the sale of the marital home in a proceeding for dissolution of marriage.  In a recent opinion, the Court of Appeals, Western District of Missouri, held that a trial court has the authority to order the sale of the


Divorce: Cheating Spouse

The physical and emotional betrayal inflicted by a cheating spouse is one of the main causes of divorce. The spouse suffering the extra-marital affair often desires punishment. Courts will punish the cheating spouse in certain circumstances by financially compensating the non-cheating spouse. The non-cheating spouse may also have an improved opportunity to obtain child custody.


Criminal law: Right to remain silent

A person arrested for a criminal offense, including driving offenses such as driving while intoxicated, has certain constitutional and statutory rights. Among those rights is the right to remain silent.  A law enforcement officer is not required to advise a person of the right to remain silent unless that person is arrested or detained and


BSE Attorneys Author Chapters in MoBarCLE Deskbook

The Fourth Edition of the MoBarCLE Missouri Administrative Law (2011) deskbook has been published.  The Missouri Bar states that “The Supreme Court of Missouri has noted that ‘administrative law is an increasingly important area of practice in Missouri.’ Weber v. Firemen’s Ret. Sys., 872 S.W.2d 477, 478 (Mo. banc 1994). . . . This two-volume


Motion to Suppress

I recently obtained a favorable ruling following a hearing on a motion to suppress evidence and statements in connection with a traffic stop.  My client was arrested following a traffic stop for the criminal law violation of felony possession of a controlled substance.  I argued that the law enforcement officer violated my client’s rights under the Fourth