Legal Opinion
State ex rel. Nothum v. Walsh
Supreme Court of Missouri
Decided July 31, 2012No. SC 92268PublishedCited by 28 opinions
1Opinion of the Court
LAURA DENVIR STITH, Judge.
David and Glenette Nothum seek a writ prohibiting the circuit court from compelling them to testify in a judgment debtor’s examination conducted pursuant to section 513.380.1 The court ordered the Nothums to testify despite their assertion of the privilege against self-incrimination and held them in contempt when they refused to do so, finding that the immunity granted to the Nothums pursuant to section 513.380.2 was coextensive with their constitutional privilege.
The trial court abused its discretion in ordering the Nothums to testify. To supplant the constitutional…
2Cases cited29 opinions
- Kastigar v. United StatesSupreme Court of the United States · 1972
- Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Lefkowitz v. TurleySupreme Court of the United States · 1973
- Ullmann v. United StatesSupreme Court of the United States · 1956
24 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Gail & Darrell Mansfield v. Caleb Horner & John HornerMissouri Court of Appeals · 2014
- Mantia v. Missouri Department of TransportationSupreme Court of Missouri · 2017
- Humane Society of the United States v. StateSupreme Court of Missouri · 2013
- Stahl v. Hank's Cheesecakes, LLCMissouri Court of Appeals · 2016
- Martin v. StateMissouri Court of Appeals · 2017
23 more not listed; retrieve them via the Exa API.