Electronically Filed - WESTERN DISTRICT CT OF APPEALS - October 18, 2023 - 05:43 AM

IN THE MISSOURI COURT OF APPEALS

WESTERN DISTRICT

STATE OF MISSOURI, )
Respondent, )
v. ) Case No. WD 85232
ERIC DEVALKENAERE, )
Appellant )

UNOPPOSED MOTION FOR REINSTATEMENT OF APPEAL BOND

COMES NOW The undersigned attorney, Jonathan Laurans, and moves this

Court for an Order reinstating Appellant DeValkenaere's appeal bond until such

time as all post-opinion motions have been decided. Respondent does not oppose

this motion. The undersigned offers the following, in support of this request:

1. Appellant was granted an appeal bond by the Circuit Court on February

22, 2022;

2. The Court affirmed Appellant's convictions on October 17, 2023, and

immediately issued a warrant for his arrest;

3. There have been no compliance issues with any of Appellant's bond

conditions. He is not a flight risk. In fact, Appellant self-surrendered upon learning

of the arrest warrant, on October 17, 2023, before noon;

4. The undersigned will be filing a motion for rehearing in this Court within

15 days, per Missouri Supreme Court Rules 30.26 and 84.17. The undersigned will

also be filing a motion for transfer with this Court, per Rules 30.27 and 83.02. If

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 Electronically Filed - WESTERN DISTRICT CT OF APPEALS - October 18, 2023 - 05:43 AM
those motions are denied, the undersigned will be filing a motion for transfer with

the Supreme Court, per Rules 30.27 and 83.04;

5. No mandate has issued in this case, so the revocation of Appellant's bond

and the issuance of an arrest warrant were premature. Appellant should be

permitted to remain on bond until such time as all post-opinion motions are

decided and a mandate issues;

6. Appellant has many meritorious arguments for rehearing and/or transfer

which he intends to raise in his motions for rehearing and/or transfer. For example,

in those motions Appellant will be explaining that the Court overlooked the proper

legal analysis and the significance of the most important issue in the case, the

Circuit Court's Fourth Amendment analysis. Appellant will also argue that the

Court overlooked arguments and case law concerning the Circuit Court's erroneous

finding that Appellant and his colleague were the "initial aggressors" in this

incident. And Appellant will argue that the Court overlooked the entirety of

Respondent's brief and the positions taken by the Attorney General. Appellant

should be permitted to remain on his appeal bond while his post-opinion motions

are filed and these issues are decided.

7. The undersigned has spoken with Assistant Attorney General Shaun

Mackelprang (counsel for Appellee). He has no objection to this motion.

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 Electronically Filed - WESTERN DISTRICT CT OF APPEALS - October 18, 2023 - 05:43 AM
WHEREFORE, in light of the above and foregoing, the undersigned

respectfully requests that this Court enter an Order reinstating Appellant

DeValkenaere's appeal bond until such time as all post-opinion motions have been

decided.

Certificate of Service Respectfully submitted,

I certify that a copy of the above
and foregoing was transmitted to:
all counsel of record via Case.net,
the Missouri Courts' electronic filing
system on October 18, 2023.
/s/ Jonathan Laurans
Jonathan Laurans, #43105
/s/ Jonathan Laurans
Jonathan Laurans, #43105
1609 West 92nd Street
Kansas City, Missouri 64114
(816) 421-5200
Email: jlaurans@msn.com
Counsel for Appellant DeValkenaere