Publications

     Appeals and, on occasion, trials are won (or lost) because of the depth of counsel's legal knowledge and counsel's rhetorical and research skills.  The Ribaudo Law Firm strives to provide the best analytical, persuasive writing and reasoning essential to advancing and defending its clients interests.  The following are some sample briefs prepared by the The Ribaudo Law Firm:

I.  APPELLATE BRIEFS
     
     A.  U.S. Supreme Court
      
          Amicus Curiae Brief
    
      Mr. Ribaudo wrote the analysis section of this brief -- the heart of the brief -- in 2007, while working at the Missouri Attorney General's Office.  (The statement of facts was written by Heidi C. Doerhoff, a former clerk for U.S. Supreme Court Justice William Rehnquist.)  The brief was written on behalf of Missouri and 20 other states.

      B.  Missouri Supreme Court

          

Opening Brief (Quiet-Title)

          

REPLY BRIEF


      C.  Missouri Court of Appeals

            1.  Criminal Briefs:    

Opening Brief Speedy Trial)

                                           

Reply Brief


            2.  Civil Brief:                                                                                              

Opening Brief (Unemployment Appeal)

                                           

Reply Brief
 

II.  TRIAL BRIEFS & MEMOS

     Reply to Response to Motion for Summary Judgment:  This Reply addresses the scope of agent's personal liability with respect to construction contract, whether attorney's fees are authorized by Mo. Rev. Stat. Section 431.180 or by contract, the preexisting duty rule, and economic duress defense to contract modifications.

III.  LAW REVIEW & JOURNAL ARTICLES

     Burning Down the House: Does Limiting the Innocent Spouse's Make Sense?," Missouri Law Review (2002).  This Note, published while Mr. Ribaudo was a member of the Missouri Law Review, argues that, in the absence of clear language in a homeowner's insurance policy, when one spouse intentionally destroys the marital residence (by arson or otherwise), the law should presume that the innocent spouse -- regarding whom the home destruction is a form of spousal abuse or control -- is entitled to full recovery under the insurance policy.  When the Note was written, a decision by the Western District of Missouri Court of Appeals, a decision analyzed in the Note, held that the innocent spouse is only entitled to 1/2 the policy proceeds.

      Habeas Corpus in Missouri: A Critical Primer:  his article, published in the November-December 2009 edition of The Journal of the Missouri Bar, summarizes and criticizes various principles and doctrines of Missouri habeas law.  The focus is on on using habeas corpus to challenge a final criminal judgment and, in particular, to address developments in state habeas in the past twenty years -- for instance, the Missouri Supreme Court's embrace, in Amrine v. Roper, 102 S.W.3d 541.

       Response to "Missouri's One & Only Court of Appeals," 65 Journal of the    Missouri Bar (March-April 2009)

          The Constitutionality of Prosecuting by Complaint:  In this letter, published in the May-June 2010 edition of The Journal of the Missouri Bar, Mr. Ribaudo argues that -- solely for purposes of the statute of limitations -- a prosecution can be constitutionally commenced by filing a complaint (no information or indictment is necessary).  This letter is a response Dennis Golden's article, "The Unconstitutionality of Initiating Prosecutions by Complaint," which appeared in the March-April 2010 edition of The Journal.

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