{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"jo-mcelwee-circuit-clerk-camden-county-circuit-clerk","displayName":"JO MCELWEE, CIRCUIT CLERK, CAMDEN COUNTY CIRCUIT CLERK","totalCases":1},"cases":[{"caseId":"moappsd:sd36107:2019-09-06","opinionId":"b31ab219-ae1a-5a86-9a92-4a6f62411a23","slug":"state-of-missouri-ex-rel-wdc-ii-relator-v-jo-mcelwee-circuit-clerk-camden-d36107","caseName":"STATE OF MISSOURI ex rel. W.D.C., II, Relator\nvs.\nJO MCELWEE, CIRCUIT CLERK, CAMDEN COUNTY CIRCUIT CLERK, Respondent","caseNumber":"SD36107","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2019-09-06","year":2019,"display_summary":"W.D.C., II, filed a petition for expungement of his record under section 610.140, RSMo, but the Camden County Circuit Clerk placed the case on hold, asserting that the attorney was responsible for service. W.D.C., II, then filed an original proceeding for a writ of mandamus in the appellate court to compel the clerk to lift the hold. The appellate court made the preliminary writ of mandamus permanent, holding that section 610.140.5 imposes a ministerial duty on the clerk to give notice of the petition to the prosecuting attorney's office.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","administrative-law","criminal-procedure"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=144170","detailUrl":"https://ott.law/missouri-courts/opinions/state-of-missouri-ex-rel-wdc-ii-relator-v-jo-mcelwee-circuit-clerk-camden-d36107","relatedPracticeAreas":[{"slug":"criminal-law","label":"Criminal Law","href":"/practice-areas/criminal-law","score":32,"source":"tag","evidence":["tag: criminal-law","topic: criminal-procedure"],"url":"https://ott.law/practice-areas/criminal-law"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","evidence":["topic: civil-procedure"],"url":"https://ott.law/practice-areas/litigation"}],"role":"respondent"}]}