Legal Opinion

State v. Fanning

Missouri Court of Appeals

Decided July 24, 2018No. WD 81158PublishedCited by 1 opinion

1Opinion of the CourtLisa White Hardwick, Judge

The State appeals the dismissal of a misdemeanor charge against Helen Fanning for violation of the compulsory school attendance law. The State argues that the circuit court erred in finding that Section 167.031.1, RSMo 2016,1 is ambiguous as to whether a parent's failure to cause a child between the ages of seven and sixteen to regularly attend school constitutes a misdemeanor under Section 167.061. Because we find that the plain language of Sections 167.031.1 and 167.061 unambiguously criminalizes such conduct, we reverse the circuit court's dismissal and remand the case.

FACTUAL AND…

2Cases cited8 opinions

  1. State of Missouri v. Justin Floyd Eugene JonesSupreme Court of Missouri · 2016
  2. Melody FRYE, Respondent, v. Ronald J. LEVY, Director, State of Missouri, Department of Social Services, Children’s Division, AppellantSupreme Court of Missouri · 2014
  3. State v. HobokinSupreme Court of Missouri · 1989
  4. Pitts v. WilliamsMissouri Court of Appeals · 2010
  5. State of Missouri v. Peter O. BaldwinMissouri Court of Appeals · 2016

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3Cited by1 opinion

  1. State of Missouri v. Jeanne CapozzoliMissouri Court of Appeals · 2019

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