# State Ex Rel. Curtis v. Crow

> Supreme Court of Missouri · May 17, 1979 · 580 S.W.2d 753

URL: https://www.frixlaw.com/law-library/cases/9769444

## Case

- **Full name:** STATE Ex Rel. Phillip Anthony CURTIS, Relator, v. the Honorable John CROW, Judge, 31st Judicial Circuit, Greene County, Respondent
- **Court:** Supreme Court of Missouri
- **Decided:** May 17, 1979
- **Citations:** 580 S.W.2d 753; 1979 Mo. LEXIS 356
- **Precedential status:** Published
- **Opinion:** Concurrence by Rendlen
- **Judges:** Finch, Morgan, Bardgett, Donnelly, Seiler, Houser, Rendlen, Simeone, Welliver
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9769444

## Opinion text

RENDLEN, Judge,
concurring in result.
While not in complete agreement with the rationale of the principal opinion, and believing that the broad construction given the statute by the court today should not be extended beyond the particular facts of the case, I nevertheless concur in the result reached. The term “official records” used in § 195.290, RSMo 1969, has today been construed by the court to include the file of the prosecuting attorney who conducted the proceedings resulting in plaintiff’s (defendant in the criminal cause) conviction. I would be strongly disinclined to extend the statute to include expunction or the withholding, as ordered here, of any other records not clearly covered by its language. In this connection, the holding in State v. Kraus, 530 S.W.2d 684 (Mo. banc 1975), should be reemphasized and it be remembered that only the record of drug related crimes are involved. Finally, the statute should not be viewed as establishing a restraint on the testimony of any person with knowledge of any drug related arrest, trial and conviction, the record of which has been expunged under this section.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9769444. Public record. Not legal advice.