State v. Cerna (2017)
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· 23 citation events
across 2 courts.
Showing the 10 strongest citers on record
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Lack of jurisdiction or the failure of the indictment or information to charge an offense shall be noticed by the court at any time during the pendency of the proceeding. 9 Moreover, our Supreme Court went on to say that, to the extent Metzinger “suggests a circuit court always may consider evidence outside the charging document on a motion to dismiss, it should no longer be followed.” Colville, 687 S.W.3d at 641 n.7. 17 Rule 24.04(b)(2) (emphasis added); see State v. Cerna,…
“challenge to the sufficiency of the indictment must be raised in a motion prior to the commencement of trial”
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State of Missouri v. Johnathan L. Bradford (2025)
“The earliest opportunity to raise a constitutional challenge to the [application of the] charging statute is by a pretrial motion to quash the indictment.” State v. Cerna, 522 S.W.3d 373, 382 (Mo. App. E.D. 2017).
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State v. Parra-Sanchez (2023)
See, e.g., United States v. Amirault, 173 F3d 28, 35 (1st Cir 1999); United States v. Frabizio, 459 F3d 80, 87 (1st Cir 2006) (Dost factors are not the equivalent of the Commonwealth v. Sullivan, 82 Mass App Ct 293, 302-03, 972 NE2d 476, 484 (2012); Hood v. State, 17 So 3d 548, 555 (Miss 2009); State v. Cerna, 522 SW3d 373, 379 (Mo Ct App 2017); State v. Saulsbury, 243 Neb 227, 235, 498 NW2d 338, 344 (1993); State v. Lopez, 162 NH 153, 156, 27 A3d 713, 716 (2011); State v. M…
State v. Cerna, 522 S.W.3d 373, 378 (Mo. App. E.D. 2017).
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State of Missouri v. Charles K. King (2021)
State v. Cerna, 522 S.W.3d 373, 378 (Mo. App. E.D. 2017).
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State of Missouri v. Alvin L. Hunter (2021)
State v. Cerna, 522 S.W.3d 373, 378 (Mo. App. E.D. 2017).
“The earliest opportunity to raise a constitutional challenge to the charging statute is by a pretrial motion to quash the indictment.” State v. Cerna, 522 S.W.3d 373, 382 (Mo. App. E.D. 2017), citing State v. Newlon, 216 S.W.3d 180, 184 (Mo. App. E.D. 2007).
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State of Missouri v. Donald A. Fodrini, Jr. (2019)
State v. Cerna, 522 S.W.3d 373, 378 (Mo. App. E.D. 2017).
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State v. Sloan (2018)
See, e.g. , State v. Cerna , 522 S.W.3d 373 , 382 (Mo. App. E.D. 2017) ("The earliest opportunity to raise a constitutional challenge to the charging statute is by a pretrial motion to quash the indictment.
"The earliest opportunity to raise a constitutional challenge to the charging statute is by a pretrial motion to quash the indictment. The failure to challenge the constitutionality of a statute at the earliest opportunity waives the issue."
See State v. Shutters, 697 S.W.3d 13 , 20 (Mo. App. S.D. 2024) (holding that where both the original and the amended information referred to the same charge arising from the exact same conduct, defendant’s defenses were equally available both before and after the amendment and defendant’s substantial rights were not prejudiced). 19 will not be deemed insufficient unless it is so defective that “(1) it does not by any reasonable construction charge the offense of which the de…
quoting Carlock, 242 S.W.3d at 464