Legal Opinion · Dissent

Johnston v. Director of Revenue

Missouri Court of Appeals

Decided February 9, 2010No. ED 92720Published

1DissentKenneth M. Romines, Chief Judge

I dissent. Even this small case, containing only six pages of transcript and two exhibits, contains enough legal fodder to feed a law school exam.

Initially, the record was compiled before a traffic commissioner followed by a hollow review by a Circuit Judge. I cannot find any provision of Article V of the Missouri Constitution which dictates this procedure.1

Secondarily, when does a conviction occur for the purposes of use by the respondent: on the date of conviction of a defendant by a jury, or ten years later when an Appellate Court gets around to dismissing the appeal? I submit that a…

2Cases cited10 opinions

  1. Hughes v. Ohio Bureau of Motor VehiclesOhio Supreme Court · 1997
  2. Phillips v. FallenSupreme Court of Missouri · 1999
  3. West v. Director of RevenueMissouri Court of Appeals · 2006
  4. Callahan v. Director of RevenueMissouri Court of Appeals · 1993
  5. Allen v. LaPageMissouri Court of Appeals · 1979

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