STATE v. EISENHOUER

No. SC 82505.

40 S.W.3d 916 (2001)

STATE of Missouri, Appellant, v. Robert J. EISENHOUER, Respondent, Richard Bloom and Charles Graham, Intervenors-Respondents.

Supreme Court of Missouri, En Banc.

April 10, 2001.


Attorney(s) appearing for the Case

Douglas D. Gaston, Pros. Atty., Houston, for Appellant.

Craig A. Johnston, Asst. Public Defender, Columbia, for Respondent.

Jon S. Hutcheson, Houston, for Intervenors/Respondents.

Timothy Belz, St. Louis, Carl H. Esbeck, Annadale, VA, Amici Curiae, for Christian Legal Society, Missouri East and West Annual Conferences of the United Methodist Church and the National Association of Evangelicals.


HOLSTEIN, Judge.

This appeal arises after the circuit court of Texas County, Missouri, sustained a motion to quash filed by two elders of the Jehovah's Witness Church in Cabool, Missouri. The case presents two issues. First, is the interlocutory order quashing the subpoenas appealable? Second, is sec. 210.1401 constitutional, thus invalidating the order quashing the subpoena? Because the constitutionality of a statute is in question, this...

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