Brydon, Swearengen & England

Federal District Court House – Jefferson City

DeanCooper — Fri, 04 May 2012 15:04:02 +0000

I took a tour of the Jefferson City Federal District Court House on Wednesday this week. The new building, which is located on LaFayette Street across from the prison, is quite impressive. I would recommend a tour to anyone that gets the opportunity. The Court House is architecturally interesting as to both the building design and the landscaping. The river view from the open air deck off the back corner provided an outstanding view of the capitol and the river. Hopefully, the old prison entrance will soon be renovated so that it can be a suitable neighbor.

RIGHT TO REMAIN SILENT

ScottHamblin — Fri, 30 Mar 2012 14:44:24 +0000

Even after law enforcement officers advise a person of their “rights,” including the right to remain silent, people waive this right – most of the time to their detriment. Here’s a link for an example of what not to do following an arrest:

Arrested man singing?

CHANGES IN THE FORM 14 CHILD SUPPORT CALCULATION

ScottHamblin — Tue, 20 Dec 2011 15:47:36 +0000

The Supreme Court of Missouri entered its Order on December 7, 2011 changing, in part, how child support is calculated. The change pertains to the amount of credit a court may award a parent in connection with exercising overnight child custody or visitation. The Order provides that a parent may receive up to a maximum 50% adjustment for periods of overnight visitation or custody. The Order also appears to limit the Court’s discretion to deviate from a presumed child support calculation if the parent obligated to pay support receives a certain adjustment. This Order becomes effective January 1, 2012 and changes the Form 14 child support calculations related to overnight child visitation or child custody. For more information regarding additional changes, contact Scott A. Hamblin at Brydon Swearengen & England P.C.

Federal Estate Tax and Gift Tax Exclusions

DeanCooper — Tue, 13 Dec 2011 16:17:24 +0000

The amount exempt from the federal estate tax will grow to $5,120,000 for 2012, while the annual gift tax exclusion will remain at $13,000 for the same year. Unless Congress acts, the federal estate tax exemption will fall to $1,000,000 in 2013.

Hamblin Speaks on Traffic Stops & Criminal Law

ScottHamblin — Mon, 12 Dec 2011 16:02:57 +0000

Scott A. Hamblin, a shareholder at Brydon Swearengen & England P.C. recently served as a speaker for the Auto Stops Continuing Legal Education (CLE) program sponsored by the Missouri Bar. The program was designed to educate other attorneys on issues related to challenging traffic stops by law enforcement officers, including new developments in criminal law, and addressed the following topics:

When a Defendant Has a “Privacy Interest”
Applying the “Best Evidence” Rule to Your Client’s Advantage
The Restraints Placed upon Police in Conducting Inventory Searches
Standing to Challenge a Stop, and the Rights of Passengers
Permissibility of Interior or Trunk Searches
The Legal Framework of the “Automatic Standing” Rule
Case Law On: Reason to Stop; Unusual or Erratic Operations of Vehicles; Exit Orders
State v. Loyd, 326 S.W.3d 908 (2010)
Recent Developments in Drug Searches, Including Canine Searches, and Facts that Support a Drug Search Based on Police Observations
Factors to Consider in a DUI/DWI Stop
If a Post Arrest Search is Lawful as an “Inventory”
Suppressing Pre-Miranda Statements
Concerns Arising from Roadside Field Sobriety Checkpoints
Suppression of Searches in Violation of Written Protocol
How to Draft & Present a Motion to Suppress

Scott’s practice includes State and Federal Criminal defense including drug trafficking, drug possession, firearm offenses, sex crimes, money laundering, driving while intoxicated (DWI/DUI), and manslaughter. Scott has tried numerous jury trials in circuit courts and United States District Court. If you need assistance with any aspect of criminal law, contact the criminal lawyers and criminal attorneys at Brydon Swearengen & England P.C. inJefferson City.

Boudreau Attends Energy Policy Conference

admin — Tue, 06 Dec 2011 20:17:32 +0000

BS&E Shareholder Paul A. Boudreau recently attended the 5^th Annual Midwest Energy Policy Conference in St. Louis, Missouri. The two day conference covered a variety of subjects, including developments in renewable energy resources, progress implementing energy efficiency programs and enhancement of aging energy utility infrastructure to meet the Missouri’s economic development needs. Speakers from around the state and region made presentations and answered questions.

Paul Boudreau has a business and administrative law practice involving regulated industries including utilities. He advises clients in the area of environmental permitting and enforcement. He also has experience in income, sales and use tax litigation as well as ad valorem tax matters. He is a co-author of the chapter on the Missouri Public Service Commission in the Missouri Bar’s Administrative Law desk book. Paul has been listed in The Best Lawyers in America in the area of Energy Law.

Smarr Awarded Best Practices Award

admin — Sun, 13 Nov 2011 17:52:41 +0000

BS&E shareholder Charlie Smarr was awarded the “Best Practices Award” by the National Association of Licensing and Compliance Professionals (“NALCP”). The NALCP is a non-profit organization comprised of in-house hospitality licensing and compliance professionals specializing in on-site retail liquor licensing. A $1,000 donation was made by the NALCP to St. Jude’s Children’s Hospital in Charlie’s name.

Hamblin Support for Central Missouri Foster Care Adoption Association

admin — Tue, 18 Oct 2011 22:17:25 +0000

BS&E shareholder Scott Hamblin is supporting the Central Missouri Foster Care Adoption Association (CMFCAA) in connection with its Forget-Me-Not Gala scheduled for November 1, 2011. Scott is contributing $1.00 for every Facebook “Like” we receive through 11/1/11, up to a maximum of $500. CMFCAA is a not-for-profit agency that educates, supports and advocates for foster and adoptive children and families in central Missouri.

No Defense to Delayed Suspension of Driving Privileges

ScottHamblin — Mon, 26 Sep 2011 18:26:05 +0000

The Missouri Court of Appeals, Eastern District of Missouri, determined there is no statute of limitations or defense of laches that bars the Missouri Department of Revenue from administratively suspending a person’s driving privileges in connection with driving while intoxicated (“DWI”).

In Lawrence v. Director of Revenue, a motor vehicle driver was arrested on October 23, 2007, for driving while intoxicated. Approximately 18 to 20 months later, the driver was notified by Department of Revenue that his license was suspended. The driver requested an administrative hearing to contest his license suspension, filed an application for trial de novo, and subsequently filed his appeal. The Court of Appeals determined that Section 302.515, RSMo does not specify a time by which the Director of Revenue must send out the notice of suspension or revocation of driving privileges.

See Lawrence v. Director of Revenue, State of Missouri, ED95433.

Firm Lawyers Selected

admin — Tue, 20 Sep 2011 16:45:00 +0000

Brydon, Swearengen & England P.C. is pleased to announce that James C. Swearengen, William R. (Trip) England, III, Gary W. Duffy, Paul A. Boudreau, Dean L. Cooper, L. Russell Mitten and Charles E. Smarr have been selected by their peers to be included in the 2012 edition of The Best Lawyers in America.

Charles Smarr is listed in the field of Food and Beverage Law. The other attorneys are all listed in the field of Energy Law. TripEngland is also listed in the field of Communications Law and Jim Swearengen is co-listed in the field of Oil & Gas Law.

The firm is Top-Listed inMissouri in Energy Law with six attorneys listed in this category and Top-Listed generally in Jefferson Citywith a total of seven listed attorneys.

Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising several million confidential evaluations by the top attorneys in the country. Because no fee or purchase is required, being listed in Best Lawyers is considered a singular honor. Best Lawyers’ annual, advertisement-free publication has been described by The American Lawyer as “the most respected referral list of attorneys in practice.”

Best Lawyers has partnered with U.S. News & World Report, the leading rankings publication in the U.S., to rank U.S. law firms. As a result, the Best Lawyers search engine now also appears on the U.S. News website.