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STATE v. MOAD

No. WD 70527.

294 S.W.3d 83 (2009)

STATE of Missouri, Appellant, v. Jeffrey Luke MOAD, Respondent.

Missouri Court of Appeals, Western District.

September 29, 2009.

Attorney(s) appearing for the Case

Mark A. Richardson, Cole Country Prosecuting Attorney, Cheryl C. Nield, Assistance Prosecuting Attorney, Jefferson City, MO, for Appellant.

Douglas W. Hennon, Jason H. Ludwig, Jefferson City, MO, for Respondent.

Before Division II: VICTOR C. HOWARD, Presiding Judge, and JOSEPH M. ELLIS and MARK D. PFEIFFER, Judges.

MARK D. PFEIFFER, Judge.

The State appeals from an order of the Circuit Court of Cole County (trial court) granting defendant Jeffrey Moad's (Moad) motion to dismiss or, in the alternative, to suppress all evidence related to the car involved in Moad's charged crime of vehicular manslaughter. At issue was whether the Missouri Highway Patrol's (MHP) release of the car to the victim's family prior to giving the defendant an opportunity to test the evidence was a violation...

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