evaluation defense (Missouri) · Go Syfert
← Missouri issues

evaluation defense in Missouri

5 Missouri opinions name it 1 courts 1973–2015 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
City of Kansas City v. Wileygreen
moctapp · 1985 · cited in 1 Missouri opinions naming this issue, 1997–1997
1 sentence

1997Because “[a] judge’s regular rulings in the ordinary course of presiding over judicial proceedings properly before him will rarely if ever constitute evidence of partiality such as to require him in good conscience to recuse himself,” City of Kansas City v. Wiley, 697 S.W.2d 240, 244 (Mo.App. 1985), the trial judge’s evaluation of defense counsel in his Rule 29.07 ruling does not constitute a disqualifying bias.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Miller v. Alabama green
scotus · 2012
1 sentence

2015Stated another way, unless the evaluation of those factors militate toward the imposition of life without possibility of parole, (an outcome Miller predicted would be "uncommon," 132 S.Ct. at 2469 ), that sentence cannot be imposed on a juvenile.

12015–2015
In Re KJK green
moctapp · 2003
1 sentence

2005In re K.J.K., supra. That conclusion is not limited to an evaluation of the factors on which the trial court was required to make specific findings.

12005–2005
Berry v. Berry green
moctapp · 1983
1 sentence

1985Id.

11985–1985
Butts v. United States green
ca8 · 1921
1 sentence

1973The leading case is State v. Decker, 321 Mo. 1163 , 14 S.W.2d 617 (1929), decided before Sorrells, but which cited and followed Butts v. United States, 273 F. 35 (8th Cir. 1921), which at pages *751 37 and 38 set forth the subjective test.

11973–1973
State v. Decker green
· 1929
2 sentences

1973The leading case is State v. Decker, 321 Mo. 1163 , 14 S.W.2d 617 (1929), decided before Sorrells, but which cited and followed Butts v. United States, 273 F. 35 (8th Cir. 1921), which at pages *751 37 and 38 set forth the subjective test.

1973The leading case is State v. Decker, 321 Mo. 1163 , 14 S.W.2d 617 (1929), decided before Sorrells, but which cited and followed Butts v. United States, 273 F. 35 (8th Cir. 1921), which at pages *751 37 and 38 set forth the subjective test.

11973–1973

Where else courts name it

NJ 178 (1964–2026) CA 32 (1976–2026) TX 28 (1986–2026) IL 24 (1978–2025) MN 20 (1987–2025) PA 19 (1979–2026) NY 15 (1972–2024) OH 13 (1985–2025) WA 12 (2009–2024) MI 12 (1991–2022) NM 11 (1972–2023) CT 11 (1977–2024) LA 11 (1999–2022) MA 8 (1989–2023) GA 8 (1981–2021) FL 7 (1982–2003) NC 7 (2020–2023) ID 6 (1983–2012) MO 5 (1973–2015) CO 5 (1994–2018) VT 4 (1971–2007) UT 4 (1980–2017) NH 3 (1994–1997) MT 3 (1982–2019) ME 3 (2011–2015) OR 3 (2014–2026) AL 2 (1978–2004) WV 2 (2005–2017) SC 2 (2015–2021) NE 2 (2016–2025) KS 2 (2001–2014) WI 2 (2004–2008) AK 2 (1972–1978) AZ 2 (2018–2022) DC 2 (1992–1994) HI 2 (1986–2020) IA 2 (2005–2014) DE 2 (2021–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check