SheilaM

Joined

• started 175 topics
• posted 4,209 times   see topics posted on
• send a message

Posts by SheilaM

• 
  8

  No grief at death of JW

  by SheilaM in

  1. jw
  2. friends

  i received an email from an old dub friend last night.

  it was to inform us of the passing of dick b in our first congregation.

  i would like to say i am sorry to hear of his families loss.

  1. 
  2. 
  3. 
• 

  SheilaM

  You will note they filed a motion to supress and invoked their "clerical right." This man was accused of rape and sodomy
• 
  8

  No grief at death of JW

  by SheilaM in

  1. jw
  2. friends

  i received an email from an old dub friend last night.

  it was to inform us of the passing of dick b in our first congregation.

  i would like to say i am sorry to hear of his families loss.

  1. 
  2. 
  3. 
• 

  SheilaM

  This is the transcript:ision and may not reflect the final opinion adopted by the Court. Opinion Supreme Court of Missouri Case Style: State of Missouri, Appellant, v. Robert J. Eisenhouer, Respondent, Richard Bloom and Charles Graham, Intervenors/Respondents. Case Number: SC82505 Handdown Date: 04/10/2001 Appeal From: Circuit Court of Texas County, Hon. John D. Wiggins Counsel for Appellant: Douglas D. Gaston Counsel for Respondent: Craig Johnston Opinion Summary: The state subpoenaed two elders of the Cabool Congregation of Jehovah's Witnesses about a confession that Robert Eisenhouer allegedly made. The trial court quashed the subpoenas. AFFIRMED. Court en banc holds: (1) When the court quashed the subpoenas, it had the substantive effect of suppressing evidence in a criminal case, which provides the state a right to interlocutory appeal, section 547.200.1(3). (2) The Court does not reach the question of whether section 210.140, which the state claims abrogates the minister-communicant privilege in situations involving child abuse or neglect, violates the right to free exercise of religion. The subpoenas were not authorized by section 56.085. The statute does not authorize a general investigative subpoena of "personal knowledge," and an unrecorded memory is not "books, papers, records, or other material." The state's subpoena ordering the elders to bring personal knowledge is outside the scope of what is subject to an investigative subpoena duces tecum under the statute. Citation: Opinion Author: John C. Holstein, Judge Opinion Vote: AFFIRMED. Price, C.J., Limbaugh, White, Wolff and Benton, JJ., concur. Stith, J., not participating. Opinion: This appeal arises after the circuit court of Texas County, Missouri, sustained a motion to quash filed by two elders of the Jehovah?s Witness Church in Cabool, Missouri. The case presents two issues. First, is the interlocutory order quashing the subpoenas appealable? Second, is sec. 210.140(FN1) constitutional, thus invalidating the order quashing the subpoena? Because the constitutionality of a statute is in question, this Court has jurisdiction of the appeal. Mo. Const. art. V, sec. 3. The Court finds that the interlocutory order is appealable, and finds that the trial court did not err in quashing the subpoenas. I. FACTS Richard Bloom and Charles Graham, elders of the Cabool (Missouri) Congregation of Jehovah?s Witnesses, were served with investigative subpoenas duces tecum. The subpoenas ordered Mr. Bloom and Mr. Graham to appear at the Texas County prosecuting attorney?s office and "to bring the following: any and all relevant materials, including personal knowledge, regarding State v. Eisenhower [sic]."(FN2) The subpoenas were purportedly issued pursuant to section 56.085. Mr. Eisenhouer is a member of the same Jehovah?s Witness congregation and is accused of two counts of statutory rape in the first degree, sec. 566.032, and two counts of statutory sodomy in the first degree, sec. 566.062. The record shows that through the subpoenas the state sought to obtain information about a confession that Mr. Eisenhouer allegedly made to Mr. Bloom and Mr. Graham. The state?s allegation is that Mr. Eisenhouer sexually abused his stepdaughters and admitted the crime to the church elders. Mr. Bloom and Mr. Graham, in their motion to quash, argued that the subpoenas require them to disclose a privileged communication made to them in their capacity as ministers providing spiritual advice and counseling. Sec. 491.060(4). They argue that compelling them to disclose this information violates their right to free exercise of religion. U.S. Const. amend. I. The state in response points to sec. 210.140, which they claim abrogates the minister-communicant privilege in cases of known or suspected child abuse or neglect. Eisenhouer and the elders argue that sec. 210.140 is unconstitutional. The trial court quashed the subpoenas. The order itself did not provide the court?s rationale; however, as the trial judge ruled on the motion he stated that sec. 210.140 violates Mr. Bloom, Mr. Graham, and Mr. Eisenhouer?s right to free exercise of religion. The state requests that the Court reverse the trial court?s order. II. JURISDICTION Respondent Eisenhouer challenges the appealability of the trial court?s order. Generally, an appealable judgment requires a final judgment below. Sec. 512.020. A criminal judgment is final when the sentence and judgment finally dispose of all issues in the criminal proceeding, leaving no questions to the future judgment of the court. State v. Wakefield, 689 S.W.2d 809, 812 (Mo. App. 1985), citing State ex rel. Wagner v. Ruddy, 582 S.W.2d 692 (Mo. banc 1979). All parties agree that this is an interlocutory order. Generally, a remedial writ is the proper route to review interlocutory orders in a criminal case. State ex rel. Westfall v. Mason, 594 S.W.2d 908, 910 (Mo. banc 1980). Section 547.200.1(3), however, provides the state with its right to an interlocutory appeal in this case: 1. An appeal may be taken by the state through the prosecuting or circuit attorney from any order or judgment the substantive effect of which results in: . . . . (3) Suppressing evidence; . . . . (emphasis added). When the trial court quashed the investigative subpoenas, that act had the substantive effect of suppressing evidence in a criminal case and provided the state with the right to an interlocutory appeal. Sec. 547.200.1(3). "Suppression" is a term used when dealing with evidence that is not objectionable as violating any rule of evidence, but that instead has been illegally obtained. State v. Rivers, 26 S.W.3d 608, 609 (Mo. App. 2000), citing State v. Dwyer, 847 S.W.2d 102, 103 (Mo. App. 1992). It follows that "suppressing evidence" as used in this section would certainly include, for example, the grounds for a motion to suppress based on an illegal search or seizure. Sec. 542.296. But an order having the "substantive effect" of suppressing evidence is more inclusive than only an order sustaining a motion to suppress. An order quashing a subpoena because it is asserted that the consideration of the witness?s testimony would illegally violate a substantive right of the accused is an order having the effect of a motion to suppress. The mere exclusion of evidence based on a rule of evidence does not have the substantive effect of a motion to suppress. State v. Foster, 959 S.W.2d 143, 144 (Mo. App. 1998); State v. Swope, 939 S.W.2d 491, 492 (Mo. App. 1997); State v. Zancauske, 804 S.W.2d 851, 852 (Mo. App. 1991); State v. Holzschuh, 670 S.W.2d 184, 185 (Mo. App. 1984). When the trial court quashed the subpoenas at issue here, the order was not based on mere allegations that the subpoenas were objectionable because they violated a rule of evidence or procedure. See Holzschuh, 670 S.W.2d at 185; Swope, 939 S.W.2d at 492; Rivers, 26 S.W.3d at 609. Rather, the respondents challenged the state?s constitutional authority to access this information. See Foster, 959 S.W.2d at 144 (Mo. App. 1998). The order had the "substantive effect" of suppressing evidence, and the state may pursue this interlocutory appeal. III. THE SUBPOENAS DUCES TECUM This Court will not address a constitutional question if the case can be fully determined without reaching it. State ex rel. Union Elec. Co. v. Public Service Comm'n, 687 S.W.2d 162, 165 (Mo. banc 1985). This Court?s appellate jurisdiction is not lost if the case is decided on other issues. Id. Accordingly, the Court does not reach the question of whether sec. 210.140, which the appellant claims abrogates the minister-communicant privilege in situations involving child abuse or neglect, violates the respondents? right to free exercise of religion. Instead, the order is affirmed because these subpoenas were not authorized by sec. 56.085. Section 56.085 grants the prosecuting attorney in the course of a criminal investigation the power to request: the circuit judge to issue a subpoena to any witness who may have information for the purpose of oral examination under oath to require the production of books, papers, records, or other material of any evidentiary nature at the office of the prosecuting or circuit attorney requesting the subpoena. (emphasis added).(FN3) The subpoenas at issue order Mr. Bloom and Mr. Graham "to appear/produce documents." Specifically, the subpoenas request "any and all relevant materials, including personal knowledge, regarding State v. Eisenhower [sic]." Section 56.085 does not by its terms specifically authorize a general investigative subpoena of "personal knowledge." And certainly, books, papers, and records do not include unrecorded personal knowledge. The remaining question is whether "other material of any evidentiary nature" includes the unrecorded recollection of a witness. Absent a statutory definition, the words used in the statute will be given their plain and ordinary meaning as derived from the dictionary. State v. Hibler, 5 S.W.3d 147, 149 (Mo. banc 1999). In context, the word "material" means something physical rather than abstract or intangible in nature. Webster?s Third New Int?l Dictionary 1392 (1981). The Court concludes, therefore, that an unrecorded memory or knowledge of events is not "books, papers, records, or other material." The state?s subpoena ordering Mr. Bloom and Mr. Graham to bring "personal knowledge" is outside the scope of what is subject to an investigative subpoena duces tecum under sec. 56.085. Nothing indicates that the state has any interest in obtaining physical evidence. The trial court did not err in quashing the subpoenas. The order is affirmed. Footnotes: FN1. All statutory citations are to RSMo 2000 unless otherwise noted. FN2. The subpoena directed to Charles Graham uses this language. The Richard Bloom subpoena is identical, but omits the words, "any and . . ." FN3. Though not raised by the parties, we note that section 56.085 has been found to be constitutional by this Court. Johnson v. State, 925 S.W.2d 834, 836 (Mo. banc 1996). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
• 
  20

  You gotta read this.........it made me want to throw up!

  by BLISSISIGNORANCE in

  1. watchtower
  2. beliefs

  you might have already seen this but it's a first for me and i'm annoyed!.

  i have to get back to work.................i'm getting cabin fever!.

  and information sourcewednesday, march 9, 2005 ?

  1. 
  2. 
  3. 
• 

  SheilaM

  Gagging puking.....
• 
  8

  No grief at death of JW

  by SheilaM in

  1. jw
  2. friends

  i received an email from an old dub friend last night.

  it was to inform us of the passing of dick b in our first congregation.

  i would like to say i am sorry to hear of his families loss.

  1. 
  2. 
  3. 
• 

  SheilaM

  Avi: That is what I can't understand is WHY anyone would cover up for a no account perv. It made me question many things about this man.
• 
  26

  OMG! Revelation: A Grand Climax at Hand!

  by Swan in

  1. jw
  2. friends

  i've been out longer than i thought.. when did they publish this book?

  what a title!

  how freudian!.

  1. 
  2. 
  3. 
• 

  SheilaM

  Ya, I thought we were gonna discuss my romp with Thunder....nevahmind
• 
  31

  Are you afraid to watch The Exorcist?

  by Pwned in

  1. social
  2. entertainment

  for the longest time i was afraid to see it, and when i did i have to admit i felt 'weird', anyone else feel this way.

  1. 
  2. 
  3. 
• 

  SheilaM

  As Thunder said, we watched all of them. I remember being scared by the exorcist orignially but this time I jumped once and was more disgusted than anything else. The new one I really liked until it got a lil campy and overdone at the end. It explains a lot of the symbols and stuff you see in the exorcist and makes it much more understandable. The second one should be gathered from all corners of the earth and burned :(
• 
  8

  No grief at death of JW

  by SheilaM in

  1. jw
  2. friends

  i received an email from an old dub friend last night.

  it was to inform us of the passing of dick b in our first congregation.

  i would like to say i am sorry to hear of his families loss.

  1. 
  2. 
  3. 
• 

  SheilaM

  DH: I have seen that too. Isn't that sad, that they deny not only themselves but others the right to grieve. I can understand celebrating a persons life but holy cow, how about mourning the loss of a love one. Wed: Me too
• 
  42

  What's your take on morality?

  by Narkissos in

  1. jw
  2. friends

  as former jws we were part of a highly moralising religion.

  we have experienced the disastrous consequences of it in terms of hypocrisy, judgementalism or pathologic guilt.

  most of us have changed our "moral parameters" drastically, but how far have we gone in questioning morality itself?.

  1. 
  2. 
  3. 
• 

  SheilaM

  Oh, hun you are on another level that is all your own. How do you think you get away with all you do? It's that baby face of yours and your intellect. I mean how many people can be ripped and remember full conversations?
• 
  8

  No grief at death of JW

  by SheilaM in

  1. jw
  2. friends

  i received an email from an old dub friend last night.

  it was to inform us of the passing of dick b in our first congregation.

  i would like to say i am sorry to hear of his families loss.

  1. 
  2. 
  3. 
• 

  SheilaM

  I received an email from an old dub friend last night. It was to inform us of the passing of Dick B in our first congregation. I would like to say I am sorry to hear of his families loss. Yet, we have found out this man went to the high court of Missouri to avoid revealing information on a KNOWN pedophile. When I found out of his death all I could think is , well one less JW that is there to protect the pervs. I also thought of the years he served, expecting Armageddon. Well, he is dead and we are here and no Armageddon.
• 
  39

  I'm soooo pi$$ed.....need help..

  by morty in

  1. jw
  2. friends

  i hope someone can help me with this one............................ i finally got the money together to take a holiday to see my sister out west.

  i also booked this flight to have my son come along with me as he has never flown before...he was soo excited and so was i.we planned a 8 day trip for the march break and planned on finally seeing the mountains and checking out the biggest mall in the world..... we booked our flights and used my debit card to purchase the tickets and 10 hours later, the company we booked the tickets with ( jetsgo) went bankrupt!!!!!!.

  in getting my money back or a flight...... http://www.news1130.com/news/local/article.jsp;jsessionid=miomdhcfioio?content=20050311_173002_5560.

  1. 
  2. 
  3. 
• 

  SheilaM

  You used a debit right. Then you can dispute the charge, call you credit card company that holds your debit card or go to your bank:) (Sheila of worked way tooo long for Citibank)