Posts

Reflection -- 1

  Four Things I have Learned From My Recent Observations 1) Procedure often decides the outcome         I have seen that around half of what happens is timing and understanding of the situation. These are like very stacked 9:00 schedules, continuance requests, and dismissals. The judges I have watched tend to reset a process when one of the parties misunderstood something. We saw this when a judged reset after a defendant appeared on a day where the plaintiff expected a default. A lot of the drama we expect to happen is usually on the back burner. 2) Words matter. A lot          Especially when watching defendants explain their story, there are a lot of one liners that actually have a lot of impact. "I did send those emails" or "No, I haven't finished my service yet" are very persuasive in relation to what the judge does, and they are often more impactful than full speeches. Even the small things can carry a massive weight in the co...

Greene County Courtroom Notes -- Tuesday, August 26 2025

 Family/Protection Docket -- What I Saw & What It Means Case 1 -- "I think I applied for an ex parte"  After this was said by one of the parties, the judge said, "Under the definition of harassment, she meets that test. I am going to grant the order." I observed many things during this hearing:      1-- Two former partners (man and woman) going against each other      2-- The main, I think, said he uses drugs and admitted to sending abusive emails      3-- I believe the judge sided with the woman, hence the granting of the order While I wasn't able to hear most of it, I think this hearing had to due with an Order of Protection. More specifically, the judge probably issued an ex parte order, which led to then the full hearing.  "Meets the test"?? This is actually an interesting question. In Missouri, harassment is defined as a purposeful course of conduct that causes distress. The judge most likely listened to the parties an...

Greene County Courtroom Notes -- Thursday, August 14th 2025

1 -- Velocity Investments v. Jenny Fleming Observed The defense said they are still waiting on discovery and then followed by asking for a continuance I really couldn't catch all the other details (I am sure there have been multiple hearings before this one) Legal Context This was heard in the AC (Associate Civil) division within the court. This part covers all cases that are civil and less than $25,000. Going through discovery and other documents is pretty much a big portion of the hearings Velocity Investments is a debt buyer company. They purchase consumer accounts and sue to collect Analysis A continuance just gives the defense time to gather further materials, especially important ownership documents and account history There will be hearings in the future after the continuance date has expired, and then the plaintiff will have to gather and explain these important materials in order to win 2 -- Credit Acceptance Corp. v. Kyleigh Observed From what I heard, it sounded like the...

Greene County Courtroom Notes -- Friday, August 8th 2025

  1 -- State v. Alexander Valachev -- Intended Guilty Plea Observed The defendant acknowledged to the court he wanted to plead guilty to leaving the scene. (Class A misdemeanor) I heard something about serving 90 days in county jail in combination with 200 hours of community service The judge stressed the idea that this amount of hours is a lot It became unclear to me whether the 90 days were followed through or waived Analysis I assume this ruling, especially with the high service hours, is to keep pressure on compliance Messing up probation or not completing the hours would come with other consequences  One can expect a formal plea and further sentencing paperwork in the future. I assume that a review date has been set to keep track of the defendant's progress 2 -- State v. John Hocklen -- Probation Review Observed This hearing seemed to focus on whether the defendant completed his community service I believe there was a supervisor of the community service there to give addi...

Greene County Courtroom Notes -- Monday, August 4th 2025

  1 -- State v. Thomas Griffin -- Initial Appearance  Observed Judge called the case but the defense counsel was not present It was noted that Griffin could not "O.R", meaning that he could not be released on his recognizance (not posting bail) The bond was set at $400 cash only Griffin was trying really hard to explain that, for whatever reason, he did not need an attorney. The Judge replied that one is already assigned on the case, so the case could not move forward without the counsel present Analysis This was a scenario of Right to Counsel vs. Defendant Autonomy . Even if a defendant tries to waive an attorney on the spot, it must be known that the action is done knowingly and voluntary. Obviously, this could not be assured without the attorney actually there I think the next step is either a new attorney appearance or a waiver hearing, meaning Griffin wants to go down the self representation route 2 -- State v. Sarah Griffin -- Protection Order Violation Observed The cha...