State v. Rigsby, 589 S.W.3d 661 (Missouri Court of Appeals, Western District 2019)

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• Criminal: reversed felony DWI conviction and sentence, obtained resentencing as first-time misdemeanor 

• Illinois “zero-tolerance” offense conviction not requiring impairment could not enhance DWI charge in Missouri

• View our brief
   

The Weitz Company v. UMB Bank, N.A., No. 18-3447 (U.S. Court of Appeals, 8th Circuit 2019)

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• Commercial: our appeal led to favorable settlement after client’s multimillion-dollar claims had been dismissed 

• View our brief and reply brief

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In re Marriage of Towle and LéGaré, 439 P.3d 327  (Kansas Court of Appeals 2019)

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• Family: reversed order legally separating couple after wife died, and for husband to pay wife’s share to her son

• There cannot be a posthumous legal separation case, and instead it simply had to be dismissed once wife died

• View our brief and reply brief
   

State ex rel. Cullen v. Harrell, 567 S.W.3d 633  (Supreme Court of Missouri 2019)

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• Civil procedure: questioned whether court could compel release of information years after case without hearing

• Majority held settlement language allowed this; three-judge dissent would have held it required a contempt proceeding

• Listen to the oral argument before the Supreme Court

• View our brief and reply brief

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Johnson v. CoreCivic, No. 18-8014 (U.S. Court of Appeals, 8th Circuit 2019)

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• Class actions: defeated defendants’ requests to appeal class-action certification in Wiretap Act case

• View our answer
   

State v. Fitzpatrick, No. 14BS-CR01104 (Circuit Court of Bates County, Mo. 2018)

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• Criminal: obtained new trial on all charges in felony sexual offense case without having to appeal

• Lawyer who represented defendant at trial had unconstitutional conflict of interest that deprived her of a fair trial
   

Olson v. Olson, 559 S.W.3d 395 (Missouri Court of Appeals, Southern District 2018)

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• Family: reversed long-distance custody schedule and increase in child support for father who lived in Wisconsin

• Custody schedule failed to account for schoolyear holidays and child support order was insufficiently explained

• View our brief and reply brief

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Castleberry v. Debrot, 424 P.3d 495 (Supreme Court of Kansas 2018)

Castleberry v. Debrot, No. 111105 (Kansas Court of Appeals 2016)

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• Medical malpractice: upheld $900,000 wrongful-death verdict after physician failed to diagnose impending stroke

• Both appellate courts unanimously held none of the defendant physician’s many claims of error had any merit

• Featured in the Wichita Eagle (Aug. 31, 2018)

• Watch the oral argument before the Supreme Court

• View our brief in the Court of Appeals and our supplemental brief in the Supreme Court
   

In re A.F., 543 S.W.3d 90 (Missouri Court of Appeals, Western District 2018)

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• Juvenile/Family: reversed termination of client’s parental rights over his three children

• There was no evidence of any abuse, neglect, or inability to parent legally justifying a termination

• Named one of Missouri Lawyers Weekly’s “Major Opinions of 2018, 1st half” (July 9, 2018)

• View our brief and reply brief
   

G&G Mech. Contr. v. Jeff City Indus., 549 S.W.3d 492 (Missouri Court of Appeals, Western District 2018)

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• Commercial: upheld $150,000 award of prejudgment interest on balance due under construction contract

• Language parties had struck from final contract could not create ambiguity as to right to interest

• Named one of Missouri Lawyers Weekly’s “Major Opinions of 2018, 1st half” (July 9, 2018)

• View our brief
   

In re Marriage of Speir, 538 S.W.3d 396 (Missouri Court of Appeals, Southern District 2018)

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• Family: vacated all proceedings in divorce modification case and obtained new proceedings before different judge

• That judge was designated after divorce but before modification was filed did not undo right to change judge

• View our brief
   

State ex rel. Yoest v. McEvoy, 529 S.W.3d 383 (Missouri Court of Appeals, Western District 2017)

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• Constitutional: reversing trial court, obtained writ commanding county collector to allow clients to bid at tax sales

• Clients had statutory right to be bidders, and county collector lacked power to ban anyone from tax sales

• Featured in Missouri Lawyers Weekly (Oct. 9, 2017)

• View our brief and reply brief
   

City of Raymore v. O’Malley, 527 S.W.3d 857 (Missouri Court of Appeals, Western District 2017)

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• Criminal/Municipal: reversed dismissal of city’s prosecution of defendant for disorderly conduct in inciting fight

• Claim of defense of property could not be granted summarily, and city’s ordinance was constitutional

• View our brief and reply brief
   

Combs v. Cordish Cos., 862 F.3d 671 (U.S. Court of Appeals, 8th Circuit 2017)

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• Civil rights: reversed summary judgment dismissing race-discrimination claim against entertainment district

• Plaintiff’s failure to list his claim in Chapter 7 bankruptcy did not judicially estop him from bringing it

• There was sufficient evidence plaintiff was victim of developer’s scheme to exclude African-Americans

• Featured in the Kansas City Star (July 6, 2017), the Kansas City Business Journal (July 6, 2017), and Missouri Lawyers Weekly (July 10, 2017)

• Named one of Missouri Lawyers Weekly’s “Major Opinions of 2017, 2nd half” (Jan. 8, 2018)

• Listen to the oral argument before the Eighth Circuit

• View our brief and reply brief
   

Consolver v. Hotze, 395 P.3d 405 (Supreme Court of Kansas 2017)

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• Tort: upheld $100,000 attorney fee award that lower appellate court had overturned

• Clarified that contingent-fee lawyer fired just before settlement still can be awarded percentage of client’s recovery

• Watch the oral argument before the Supreme Court

• View our brief
   

Doe v. Hughes, No. WD79064 (Missouri Court of Appeals, Western District 2016)

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• Tort: upheld $9 million judgment for mentally disabled woman who was raped by her caregiver’s husband

• Caregiver did not have official immunity, and none of caregiver’s other seven issues on appeal had any merit

• Featured in Missouri Lawyers Weekly (Dec. 26, 2016)

• Named one of Missouri Lawyers Weekly’s “Major Opinions of 2016, 2nd half” (Jan. 3, 2017)

• View our brief
   

Gray v. United States, 833 F.3d 919 (U.S. Court of Appeals, 8th Circuit 2016)

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• Criminal: obtained resentencing for client convicted and sentenced for possessing twice drug quantity he actually did

• Eighth Circuit appointed us to represent client on appeal from denial of post-conviction relief

• Listen to the oral argument before the Eighth Circuit

• View our brief and reply brief
   

State ex inf. White ex rel. Clements v. Cacioppo, No. 16CY-CV01441 (Cir. Ct. of Clay County, Mo. 2016)

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• Municipal: defeated mayor’s and prosecutor’s attempt to obtain writ of quo warranto ousting city councilman

• View our summary judgment brief
   

Bereal v. Bajaj, 371 P.3d 349 (Kansas Court of Appeals 2016)

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• Medical malpractice: obtained new trial for client paralyzed by air injected into his heart during routine procedure

• Refusal to allow plaintiff an expert to rebut defense’s claim that the injury was from device defect was error

• View our brief and reply brief

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State ex rel. Sternberg v. Byrn, No. SC95610 (Supreme Court of Missouri 2016)

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• Constitutional: questioned whether juvenile court could compel private lawyers to represent indigent parties for free

• When Supreme Court issued preliminary writ and agreed to hear challenge, juvenile court withdrew lawyer

• Featured in Missouri Lawyers Weekly (May 11, 2016, May 30, 2016, May 7, 2018, and June 11, 2018)

• View our writ petition
   

Perren v. Perren, 475 S.W.3d 741 (Missouri Court of Appeals, Southern District 2015)

 

• Family: upheld restraining order protecting client from brother who had attacked and severely injured him

• Justification by defense of property was affirmative defense that had to be proven, and brother had not proven it

• View our brief

 

Greer v. Sysco Food Services, 475 S.W.3d 655 (Supreme Court of Missouri 2015)

 

• Worker’s compensation: upheld $100,000 award to injured worker that lower appellate court had overturned

• Overruled 20 years of case law limiting temporary total disability awards to set term not in statute

• Featured on the front page of Missouri Lawyers Weekly (Dec. 28, 2015)

• Named one of Missouri Lawyers Weekly’s “Major Opinions of 2015, 2nd half” (Jan. 4, 2016)

• Listen to the oral argument before the Supreme Court

• View our brief and reply brief

 

Whelan Security Co. v. Kennebrew, 477 S.W.3d 148 (Missouri Court of Appeals, Eastern District 2015)

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• Employment: reversed $235,000 judgment against client for alleged breach of non-competition agreement

• Genuine material facts remained in dispute as to all issues, precluding summary judgment and requiring trial

• Featured in Missouri Lawyers Weekly (Oct. 12, 2015)

• Named one of Missouri Lawyers Weekly’s “Major Opinions of 2015, 2nd half” (Jan. 4, 2016)

• View our brief and reply brief

 

In re Alternate Fuels, Inc., 789 F.3d 1139 (U.S. Court of Appeals, 10th Circuit 2015)

In re Alternate Fuels, Inc., 507 B.R. 324 (U.S. Bankruptcy Appellate Panel, 10th Circuit 2014)

 

• Bankruptcy: reversed denial of majority shareholder’s $3.8 million secured claim on corporation’s bankruptcy estate

• Client’s loans could not be recharacterized as equity infusions, and secured claim could not be subordinated

• Required bankruptcy court to allow the $3.8 million claim, which was only secured claim in bankruptcy

• View our Tenth Circuit brief and reply brief

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Taylor v. Bar Plan Mutual Ins. Co., 457 S.W.3d 340 (Supreme Court of Missouri 2015)
Taylor v. Bar Plan Mutual Ins. Co., No. WD76380 (Missouri Court of Appeals, Western District 2014)

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• Insurance: questioned whether insurer had to pay $1 million malpractice judgment against disbarred lawyer

• Court of Appeals held policy exclusion did not encompass loans conned from client, but Supreme Court disagreed

• Featured in Missouri Lawyers Weekly (May 5, 2014 and Mar. 16, 2015), and the Kansas City Star (May 13, 2014)

• Court of Appeals decision named one of Missouri Lawyers Weekly’s “Major Opinions of 2014, 1st half” (July 7, 2014)

• Supreme Court decision named one of Missouri Lawyers Weekly’s “Major Opinions of 2015, 1st half” (July 9, 2015)

• Listen to the oral argument before the Supreme Court

• View our Supreme Court brief and reply brief

 

State v. Capone, No. 109124 (Kansas Court of Appeals 2015)
State v. Capone, No. 109124 (Kansas Court of Appeals 2014)

• review granted, Court of Appeals decision reversed (Supreme Court of Kansas 2015)

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• Criminal: vacated felony DWI conviction and sentence, obtained resentencing as a first-time misdemeanor

• More lenient DWI law enacted shortly after defendant’s charge had to be applied retroactively to him

• View our brief and reply brief in the Court of Appeals and our petition for review in the Supreme Court

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In re Adoption of C.T.P., 452 S.W.3d 705 (Missouri Court of Appeals, Western District 2014)

 

• Family: prevented wife’s former paramour from intervening in husband’s stepparent adoption to claim child custody

• Named one of Missouri Lawyers Weekly’s “Major Opinions of 2014, 2nd half” (Jan. 5, 2015)

• View our brief

 

The Weitz Company v. Heth, 333 P.3d 23 (Supreme Court of Arizona 2014)
The Weitz Company v. Heth, 314 P.3d 569 (Arizona Court of Appeals, Division 1 2013)

 

• Commercial: questioned whether statutory mechanic’s liens are subject to equitable subrogation in Arizona

• Court of Appeals upheld $2.1 million summary judgment foreclosing on lien, but Supreme Court sent back for trial

• Featured in the Phoenix Business Journal (May 30, 2014 and June 6, 2014)

• View our brief, supplemental brief, and Supreme Court brief

 

Mayes v. St. Luke’s Hospital of Kansas City, 430 S.W.3d 260 (Supreme Court of Missouri 2014)

 

• Medical malpractice: questioned constitutionality of statute requiring third-party affidavit to sue

• Featured in Missouri Lawyers Weekly (Oct. 28, 2013 and June 2, 2014)

• Named one of Missouri Lawyers Weekly’s “Major Opinions of 2014, 1st half” (July 7, 2014)

• Listen to the oral argument before the Supreme Court

• View our brief and reply brief

 

March v. Midwest St. Louis LLC, 417 S.W.3d 248 (Supreme Court of Missouri 2014)

 

• Tort: restored grant of new trial for personal injury plaintiff that lower appellate court had overturned

• Trial court appropriately found defendant’s expert witness committed perjury, warranting new trial

• First time since 1958 that Supreme Court of Missouri had reviewed grant of new trial due to perjury

• Featured in Missouri Lawyers Weekly (Oct. 22, 2012 and Jan. 20, 2014)

• Named one of Missouri Lawyers Weekly’s “Major Opinions of 2014, 1st half” (July 7, 2014)

• Listen to the oral argument before the Supreme Court

• View our brief

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D.S.K. ex rel. J.J.K. v. D.L.T., 428 S.W.3d 655 (Missouri Court of Appeals, Western District 2013)

 

• Family: clarified child custody rights of husband who unknowingly raised children born of wife’s extramarital affair

• Allowed husband to file independent lawsuit seeking children’s third-party custody, in which he prevailed

• Named one of Missouri Lawyers Weekly’s “Major Opinions of 2014, 1st half” (July 7, 2014)

• View our brief and reply brief

 

Lucas v. Jerusalem Cafe, LLC, 721 F.3d 927 (U.S. Court of Appeals, 8th Circuit 2013)

• certiorari denied, 572 U.S. 1002 (U.S. Supreme Court 2014)

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• Employment: questioned whether unauthorized aliens could sue for wages they could not lawfully have been paid

• Featured in the Kansas City Star (Aug. 1, 2013) and on front page of Missouri Lawyers Weekly (Aug. 5, 2013)

• Named one of Missouri Lawyers Weekly’s “Major Opinions of 2013, 2nd half” (Jan. 6, 2014)

• Listen to the oral argument before the Eighth Circuit

• View our brief, reply brief, and certiorari petition

 

United States v. Baker, 713 F.3d 558 (U.S. Court of Appeals, 10th Circuit 2013)

• certiorari denied, 571 U.S. 1094 (U.S. Supreme Court 2013)

 

• Criminal: questioned whether FBI’s warrantless GPS tracking of defendant’s car violated Fourth Amendment

• View our brief, reply brief, and certiorari petition

 

Bateman v. Rinehart, 391 S.W.3d 441 (Supreme Court of Missouri 2013)

Bateman v. Rinehart, No. WD73954 (Missouri Court of Appeals, Western District 2012)

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• Tax: questioned whether county could impose higher commercial property tax on vacant, residentially-zoned land

• Supreme Court majority held law allowed county to do this, two-judge dissent would have held it is unjust

• Featured in the Kansas City Business Journal (Feb. 27, 2013) and the Kansas City Daily Record (Feb. 27, 2013)

• Named one of Missouri Lawyers Weekly’s “Major Opinions of 2013, 1st half” (July 8, 2013)

• Listen to the oral argument before the Supreme Court

• View our Supreme Court brief and reply brief

 

State v. Fleming, No. 106104 (Kansas Court of Appeals 2012)

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• Criminal: overturned client’s felony theft conviction as violation of his right against double jeopardy

• View our brief

 

Whelan Security Company v. Kennebrew, 379 S.W.3d 835 (Supreme Court of Missouri 2012)

 

• Employment: defended trial court’s ruling that non-compete covenants against client were invalidly overbroad

• Supreme Court limited some invalid covenants; better result for client than in lower appellate court

• Featured in Missouri Lawyers Weekly (Aug. 20, 2012)

• Named one of Missouri Lawyers Weekly’s “Major Opinions of 2012, 2nd half” (Jan. 7, 2013)

• Listen to the oral argument before the Supreme Court

• View our brief

 

The Weitz Company v. MacKenzie House, LLC, 665 F.3d 970 (U.S. Court of Appeals, 8th Circuit 2012)

• certiorari denied, 567 U.S. 517 (U.S. Supreme Court 2012)

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• Commercial: questioned whether federal court may refuse to follow state supreme court decision on state law

• Obtained new opinion on rehearing petition in Eighth Circuit

• Persuaded Eighth Circuit to stay $5.5 million judgment pending U.S. Supreme Court review

• View our rehearing petition, certiorari petition, and certiorari reply

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Rinehart v. Bateman, 363 S.W.3d 357 (Missouri Court of Appeals, Western District 2012)

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• Tax: restored 149,000% reduction in agricultural landowner’s property tax that lower court had overturned

• View our brief

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Bateman v. Platte County, 363 S.W.3d 39 (Supreme Court of Missouri 2012)

 

• Land use: restored judgment declaring road to be private easement, which lower appellate court had overturned

• Owner of land over which easement runs cannot unilaterally destroy easement

• Listen to the oral argument before the Supreme Court

• View our brief

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City of Sullivan v. Sites, 329 S.W.3d 691 (Supreme Court of Missouri 2010)
City of Sullivan v. Sites, No. SD29596 (Missouri Court of Appeals, Southern District 2010)

 

• Constitutional: questioned whether town could charge fixed subclass of residents 750% higher sewer connection fee

• Court of Appeals held disparity was “special law” in violation of state constitution, but Supreme Court disagreed

• Featured on front page of Missouri Lawyers Weekly (Apr. 12, 2010 and Dec. 13, 2010)

• Court of Appeals decision named one of Missouri Lawyers Weekly’s “Major Opinions of 2010, 1st half” (July 6, 2010)

• Supreme Court decision named one of Missouri Lawyers Weekly’s “Major Opinions of 2010, 2nd half” (Jan. 2011)

• Listen to the oral argument before the Supreme Court

• View our Supreme Court brief and reply brief

 

D.R. Sherry Constr. v. American Family Mut. Ins. Co., 316 S.W.3d 899 (Supreme Court of Missouri 2010)

 

• Insurance: restored policyholder’s $475,000 verdict against its insurer that lower appellate court had overturned

• In “occurrence” policy, date of injury determines coverage, not date injury was discovered

• Named one of Missouri Lawyers Weekly’s “Major Opinions of 2010, 1st half” (July 6, 2010)

• Listen to the oral argument before the Supreme Court

• View our brief

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Mid-Mo. Waste Systems v. Lafarge N. Am., No. 09-3485 (U.S. Court of Appeals, 8th Circuit 2010)

 

• Commercial: our brief for a plaintiff who had lost at trial led to a favorable settlement with a large company

 

In re Estate of Bell, 316 S.W.3d 899 (Missouri Court of Appeals, Western District 2009)

 

• Estate: overturned $325,000 settlement forced on beneficiary of estate worth more than twice that amount

• Attorney’s arguments are not evidence, and attorneys testifying must be sworn and subject to cross-examination

• Named one of Missouri Lawyers Weekly’s “Major Opinions of 2009, 2nd half” (Jan. 4, 2010)

• View our brief and reply brief

 

Phan v. State, No. 0816-CV36955 (Circuit Court of Jackson County, Mo. 2009)

 

• Criminal: vacated decade-old felony conviction and 13-year prison sentence; prosecution did not appeal

• Vietnamese birth certificate showing client’s actual birthdate proved he was juvenile at time of alleged offense

• Featured in the Kansas City Star (Aug. 23, 2009) and Missouri Lawyers Weekly (Aug. 18, 2009)

 

City of Kansas City v. Carlson, 292 S.W.3d 368 (Missouri Court of Appeals, Western District 2009)

 

• Municipal: questioned whether city could prohibit bars allowing smoking indoors when state permitted bars to do so

• World’s largest premium cigar manufacturer joined appeal as amicus

• Named one of Missouri Lawyers Weekly’s “Important Opinions of 2009, 1st half” (July 7, 2009)

• Named the Kansas City Daily Record’s third “Top Story of 2009” (Dec. 29, 2009)

• Covered in the Wall Street Journal, the Kansas City Star, and the St. Louis Post-Dispatch

• View our brief and reply brief

 

Kinnaman-Carson v. Westport Insurance Corp., 283 S.W.3d 761 (Supreme Court of Missouri 2009)

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• Insurance: required insurance company to pay injured couple their $1.7 million judgment against its policyholder

• Insurer who agrees to defend policyholder without reservation of rights cannot later deny coverage

• Named one of Missouri Lawyers Weekly’s “Important Opinions of 2009, 1st half” (July 7, 2009)

• Listen to the oral argument before the Supreme Court

• View our brief and reply brief

 

State ex rel. Doe v. Moore, 265 S.W.3d 278 (Supreme Court of Missouri 2008)

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• Criminal: questioned whether non-“sex offender” could be ordered to be treated like one as a condition of probation

• First time since 1977 that any Missouri appellate court reviewed probation condition

• Listen to the oral argument before the Supreme Court

• View our brief and reply brief

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Doe v. Merritt, 261 S.W.3d 672 (Missouri Court of Appeals, Southern District 2008)

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• Constitutional: required state to delete person from its “sex offender” registry who it had added retroactively

• View our brief