MVMB v. Gray - Petition for Writ of Prohibition - Mo. Sup. Ct.

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Case No. _______________________ IN THE SUPREME COURT OF MISSOURI

STATE OF MISSOURI ex rel. BROOKE RENE GRAY, Relator, v. THE HONORABLE THOMAS J. CHAPMAN, Circuit Judge of Clinton County, Respondent.

SUGGESTIONS IN SUPPORT OF PETITION FOR WRIT OF PROHIBITION

I. INTRODUCTION Relator Brooke Gray is a defendant in the civil matter of Missouri Veterinary Medical Board v. Gray, Case No. 10CN-CV00842, now pending in the Clinton County Circuit Court, State of Missouri. Respondent is the Honorable Thomas J. Chapman, judge of the Circuit Court of Clinton County. Ms. Gray is seeking the requested Writ of Prohibition in response to the Respondent’s rejecting her demand for a jury trial and setting of the underlying case for a trial without a jury. The Missouri Constitution guarantees citizens the right to trial by jury in both criminal and civil matters, although Missouri courts have recognized that in the Anglo-American legal tradition the right to a jury trial was not generally extended to civil actions calling for a balancing of equities. The Missouri Veterinary Medical Board -6-