Legal Opinion

State Ex Rel. Nothum v. Kintz

Missouri Court of Appeals

Decided February 2, 2011No. ED 95280PublishedCited by 2 opinions

1Opinion of the Court

NANNETTE A. BAKER, Presiding Judge.

Introduction

David Nothum and Glenette Nothum (“Relators”) seek this court’s writ of prohibition to prevent the Honorable John Kintz, of the Circuit Court of St. Louis County (“Respondent”) from compelling them to testify at a judgment debtor’s examination. Relators have asserted their privilege against self-incrimination as secured by the Fifth Amendment to the United States Constitution and by Article I, Section 19 of the Missouri Constitution. We issued our preliminary writ, which we now make absolute.

Factual and Procedural Background Arizona Bank and…

2Cases cited3 opinions

  1. Kastigar v. United StatesSupreme Court of the United States · 1972
  2. State ex rel. Long v. AskrenMissouri Court of Appeals · 1994
  3. State Ex Rel. Heidelberg v. HoldenMissouri Court of Appeals · 2003

3Cited by2 opinions

  1. State ex rel. Nothum v. WalshSupreme Court of Missouri · 2012
  2. State ex rel. Nothum v. WalshSupreme Court of Missouri · 2012

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