C.S. Missouri Cases

C.S. appealed the denial of his amended petition to expunge a conviction for unlawful use of a weapon, specifically possessing a firearm while knowingly in possession of a controlled substance. He argued this was a "marijuana offense" eligible for expungement under Missouri's Amendment 3. The circuit court had expunged his marijuana possession conviction but denied expungement for the weapon charge. The Missouri Supreme Court affirmed, holding that the unlawful use of a weapon offense is not a "marijuana offense" for expungement purposes, as its primary purpose is to prohibit conduct that endangers others, which is not limited by the constitutional expungement provision.

C.S. appealed the circuit court's denial of his petition to expunge a conviction for unlawful use of a weapon with marijuana possession, arguing it qualifies as a "marijuana offense" under Article XIV, Section 2 of the Missouri Constitution. The circuit court had concluded it was a weapons offense and thus ineligible for expungement. The appellate court reversed, holding that a "marijuana offense" for expungement purposes includes any crime that would not exist but for the use, possession, cultivation, or distribution of marijuana, and remanded with directions to expunge the conviction.

In a paternity suit, Father appealed the trial court's judgment awarding him supervised visitation with one of the parties' minor children, O.S., for four hours every other Saturday. Father argued the judgment was unsupported by substantial evidence and that the trial court improperly relied on unsworn statements from the guardian ad litem (GAL). The appellate court reversed the portion of the judgment related to O.S.'s visitation schedule, finding the trial court erred by relying on the GAL's unsworn statements and that, absent those statements, the order was not supported by substantial evidence. The case was remanded for further proceedings on the visitation issue, with the judgment affirmed in all other respects.