State v. Abeln

I respectfully dissent and would reverse and remand solely on the issue that the officer had reasonable cause to stop Abeln for a traffic violation.

The only evidence presented to the trial court was contained in a document executed by both sides titled “STIPULATED FACTS REGARDING VEHICLE STOP,” and was prefaced by language that the parties agreed “that Trooper Steve Wilhoit would testify as follows ...” A stipulation as to the testimony of an absent witness would give if he or she were present at trial is not an admission of the truth of the testimony. Howard v. Mo. State Bd. of Educ., 847…