June, 2018

All the posts published.

$14,000.00 settlement for a rare museum quality modernist radio which was damaged during shipment. After thoroughly investigating the incident the matter was able to be resolved before suit ever had to be filed.

In a confidential settlement a St. Louis area municipality paid a significant cash settlement in response to claims that the firm’s client had been wrongfully arrested and wrongfully charged by police for merely being a passenger in a car involved in a felony police chase. As a result of the wrongful arrest the Client was wrongfully jailed for more than 50-days and temporarily lost custody of her children. The settlement …

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Firm attorneys filed a federal civil rights suit for a woman falsely arrested, assaulted, and wrongfully charged by Florissant, Missouri police department.

Client receives a 6-figure settlement for injuries and emotional trauma sustained as a result of an attack from a neighborhood dog.

Client received a 6-figure settlement after a motorcycle accident.   Settlement not only covered the client’s extensive medical bills, but also a generous payout.

Newton Barth attorneys secured a million dollar judgment for the firm’s client in relation to the wrongful death of her mother in a Southern Missouri nursing home.

A confidential cash settlement was obtained on behalf of a client who, while walking along a street in a commercial zone, was struck in the shoulder from behind by the rear-view mirror of a passing truck. The settlement has covered all of the client’s medical expenses and will provide for future care and treatment of the shoulder.

NB negotiated settlement after suit for a federal gender discrimination lawsuit AND a class-action based on unpaid commissions.  Both suits were resolved favorably for client.

A lawsuit with multiple plaintiffs was settled by Brandy Barth through mediation with clients receiving back pay and lost wages.

After a year of litigation, whistleblower claim is favorably settled through mediation.

Brandy Barth files three employment lawsuits, alleging racial discrimination in St. Charles County, wrongful termination in St. Louis City, and sexual harassment filed in federal court.

Newton Barth attorneys secure a gracious settlement offer for a client experiencing employment discrimination.

The Village Board of Swansea improperly attempted to terminate the Client’s position. After intervening on the Client’s behalf, both at a public meeting and through correspondence with the Board’s attorney, the Board reversed its decision and reinstated the Chief to his position.

After a jury trial in the Circuit Court of St. Louis City, Brandy Barth and Talmage Newton obtained a $3.67 Million verdict for an employee who was terminated for alleged whistle-blowing activity. Link to Post Dispatch Article: http://www.stltoday.com/news/local/crime-and-courts/st-louis-jury-awards-million-to-fired-laclede-gas-safety/article_1fabf01f-ac82-5147-95f7-75dcc4bbb34c.html

Administrative charges against police officer’s license dismissed for Brandy Barth’s client. Firm attorney, Brandy Barth, filed a federal lawsuit on behalf of client against the City of Cottleville and its former police chief.

Firm partner Brandy Barth won an appeal of a termination of public employees where the circuit court ordered the fired employees reinstated with back pay, benefits and attorneys’ fees.

Talmage Newton and the firm’s client celebrate a “not guilty” verdict in federal court. The client went to trial to fight a count of aggravated identity theft, which would have had a mandatory two-year sentence on top of any other time imposed.

A probationary plea agreement was negotiated for a client with a DWI charge that involved two separate automobile accidents.

Client facing felony charges of “passing a bad check” is acquitted of all charge after bench trials.  Investigation into client’s bank records allowed Newton Barth to present evidence to prosecutor and Judge negating the charge and allowing the Judge to rule in the client’s favor.

After a bench trial, the judge dismissed felony “check kiting” charges against our client after evidence of actual innocence was brought to the attention of the Court.

Felony charges of “possession of a narcotic with intent to distribute” were dismissed by the prosecutor due to our timely and aggressive action on our client’s behalf.

A jury acquitted our client of two counts of “assault on a law enforcement officer” after a three-day trial.

The Circuit Court of St. Louis City has dismissed a count of misdemeanor sexual misconduct and a variety of stalking charges after pre-trial motions and oral arguments in advance of trial on an original 8-count indictment. The Client will now proceed to trial on only 4 of the remaining charges, significantly limiting the prosecution’s case.

An innocent client has charges dismissed before trial. The Client was charged in St. Louis County with felony burglary. Before the trial Talmage was able to have the charges downgraded to misdemeanor trespassing. The day of trial the case was dismissed for lack of evidence and the client was discharged.

A drug case has been sent back to trial court for resentencing. The Client pleaded guilty in federal court to narcotics charges. At the sentencing trial counsel raised several “criminal history” related issues which were not properly considered by the trial judge, which resulted in an inappropriately high sentence. On appeal, Talmage raised these issues before the 8th Circuit. After reviewing his appellate briefs, the U.S. Attorney conceded the issue …

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A client, aged 21, was charged with illegally providing alcohol to a minor passenger, aged 19, in the car in which they were pre-partying at a local concert venue. Through the use of witness affidavits and other evidence obtained during the pre-trial investigation, Talmage was able to show a poor police investigation that could not support the burden of proof at trial. The case was dismissed on the basis of …

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A client was acquitted of a stalking charge after a jury trial in St. Louis. Talmage’s cross examination of the lead detective and the alleged victim exposed inconsistencies and showed that the alleged victim’s story simply could not be supported by the actual evidence.

In an extremely complicated series of events, the defendant entered into the middle of a multiple vehicle police pursuit and was mistaken for a participant. He was detained and arrested. Fleeing arrest charges and related traffic charges were dismissed when prosecutors were provided with surveillance videos from multiple locations along the pursuit route which had been obtained by the defense and which conclusively established it was another motorist, and not …

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Intervening before charges were filed in this felony theft case, Talmage was able to bring evidence to the prosecutor that was not unearthed by police in the course of their investigation. After weighing the new evidence prosecutors declined to file charges against the firm’s client who was released on the case.

A client was charged with animal cruelty for leaving her two small dogs in her vehicle while running errands, despite the fact it was a cool day and the windows of the vehicle were left down. Talmage filed a motion to dismiss the charges alleging the local animal cruelty ordinance was unconstitutionally vague. The case was dismissed.  

After a five-day administrative board trial, the firm’s client was acquitted of the most serious charges of “use of excessive force” and police brutality. After cross-examination of the Department’s two key witnesses, the hearing officer found them to be wholly incredible. The officer will now proceed to a second stage trial on the more minor infractions which were sustained. Read more here: http://www.stltoday.com/news/local/metro/hearing-officer-says-st-louis-cop-did-not-use-excessive/article_bba9d1c4-d201-5d39-8cb1-2f1ee946bc88.html   https://stlouis.cbslocal.com/2013/02/25/city-police-officer-faces-internal-affairs-trial-for-alleged-assault/  

A St. Louis City jury acquitted the client, a St. Louis Police sergeant, after a three-day trial. The officer was charged with three counts of property damage which occurred during the detention and arrest of suspects on the City’s North side. Prosecutors claimed a video would support the criminal charges. The jury instead found the officer’s use of force was proper under the circumstances and acquitted him.

The client had been charged with unlawful use of a weapon arising out of a series of events which took place in a St. Louis County parking garage. At hearing Talmage challenged the State’s evidence regarding the admission of the firearm to support criminal charges. A St. Louis County judge ruled from the bench finding the evidence insufficient and dismissed the case.

In re: Confidential Client – Client had mistakenly been listed as a felon due to what was in reality a prior misdemeanor conviction. Working with local court clerks and representatives from the A.T.F. and F.B.I., Talmage was able to have the client’s gun rights restored within a few weeks.

State v. A.H. Attorneys Talmage Newton and John Wright filed a motion to dismiss the gun charges against the firm’s client citing a recent Missouri Constitutional Amendment. While the motion was pending a ruling by the judge, prosecutors dismissed the case.

After a four-day trial in St. Louis County, the jury acquitted the firm’s client of felony assault and the case was discharged.

Talmage Newton has been named as a Lead Panel Attorney for the Criminal Justice Act Panel for criminal cases in the Eastern District of Missouri.

Talmage Newton was awarded the Robert Duncan Award for Appellate Advocacy by the Missouri Association of Criminal Defense Lawyers for his work on two successful amicus appellate briefs presented to the Supreme Court of Missouri.

At the annual meeting of the Missouri Association of Criminal Defense Lawyers, the membership elected Talmage Newton to another three-year term as a member of the executive board.

On behalf of the Missouri Association of Criminal Defense Lawyers, Talmage filed an amicus curiae brief in the U.S. Supreme Court. At issue are the Constitutional implications of the funding of defense counsel for death row defendants in post-conviction proceedings. U.S. Supreme Court Adopts Talmage Newton’s Position on Warrantless Blood Draws The U.S. Supreme Court adopts Talmage Newton’s position in favor of the Defendant and the Missouri Association of Criminal …

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June 2018 - Newton Barth