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Penny J. Umstattd-Cope
Lake of the Ozarks in the great state of Missouri
Attorney, mother, sarcastic sense of humor, fighter of rights
Recent Activity
On January 12, 2016 the Eastern District of the Missouri Court of Appeals decided the case of State of Missouri v. Jason C. Voss, ED101396. In this case a jury found the defendant guilty of first-degree involuntary manslaughter and distribution of a controlled substance. What makes this an interesting case... Continue reading
Posted Jan 26, 2016 at UMSTATTD-COPE CRIMINAL LAW THOUGHTS
Once again an appellate court has held that the use of polygraph evidence in trials is disfavored. The United States Court of Appeals for the Eighth Circuit, in United States of America v. Bagola, August 6, 2015, --- F.3d ---, 2015 WL 4645399, stated "'[T]here is simply no consensus that... Continue reading
Posted Aug 26, 2015 at UMSTATTD-COPE CRIMINAL LAW THOUGHTS
"What one smells on the drinker's breath are the aromatic materials which give to each type of beverage its characteristic odor; one may recognize a beer, wine, gin, or other beverage odor - but not an alcohol breath. While alcohol rapidly disappears from the mouth after ingestion, the aromatic materials... Continue reading
Posted Aug 26, 2015 at UMSTATTD-COPE CRIMINAL LAW THOUGHTS
For those of you who like to drink alcohol and boat, be aware that there are sobriety tests to be used specifically on the water. In the past the water patrol used the same sobriety tests that the road patrol uses. To be effective, the water patrol had to transport... Continue reading
Posted Aug 18, 2015 at UMSTATTD-COPE CRIMINAL LAW THOUGHTS
Under Section 195.222.8, RSMo, a person commits the crime of 1st degree drug trafficking if he/she manufactures more than thirty grams of any material, compound, mixture or preparation which contains any quantity of methamphetamine. If there is more than ninety grams involved, he/she shall be sentenced to a term of... Continue reading
Posted Aug 5, 2015 at UMSTATTD-COPE CRIMINAL LAW THOUGHTS
A long time ago I ran across a blog that contains articles by attorneys on serious and not so serious issues. If you have a chance, please take a look at it. You might gain some insight into how attorneys view some situations. You can find it here - Public... Continue reading
Posted Aug 5, 2015 at UMSTATTD-COPE CRIMINAL LAW THOUGHTS
Do you know what to do when you are questioned by law enforcement regarding a crime? Do you know what to do if you are arrested for a crime? Most people make the biggest mistake for the defense of their case during the first interview or questioning by law enforcement.... Continue reading
Posted Aug 4, 2015 at UMSTATTD-COPE CRIMINAL LAW THOUGHTS
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Aug 4, 2015