{"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 Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"state-of-missouri-ex-rel-willis-mccree-relator","displayName":"State of Missouri ex rel. Willis McCree, Relator","totalCases":1},"cases":[{"caseId":"mo:sc97186:2019-03-19","opinionId":"449a2ba6-94aa-506a-9b6b-29941e2b276a","slug":"state-of-missouri-ex-rel-willis-mccree-relator-v-the-honorable-wesley-dal-c97186","caseName":"State of Missouri ex rel. Willis McCree, Relator, vs. The Honorable Wesley Dalton, Respondent.","caseNumber":"SC97186","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2019-03-19","year":2019,"display_summary":"Willis McCree sought a writ of mandamus to compel the circuit court to dismiss his driving while intoxicated charge, arguing that his blood alcohol concentration was below .08 percent and the State failed to present evidence to prevent dismissal under section 577.037.2. The circuit court had overruled his motion to dismiss. The Supreme Court quashed its preliminary writ of mandamus, holding that section 577.037.2 does not require a pretrial hearing or determination, and the circuit court has discretion to defer ruling on such a motion until trial. Therefore, McCree did not demonstrate a clear and unequivocal right to dismissal.","primaryTopic":"criminal-procedure","topicSlugs":["criminal-procedure","appellate-procedure","standard-of-review","other"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=138173","detailUrl":"https://ott.law/missouri-courts/opinions/state-of-missouri-ex-rel-willis-mccree-relator-v-the-honorable-wesley-dal-c97186","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: appellate-procedure"],"url":"https://ott.law/practice-areas/litigation"}],"role":"appellant"}]}