protective custody hearing (Missouri) · Go Syfert
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protective custody hearing in Missouri

5 Missouri opinions name it 2 courts 2012–2021 1 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 (3)

CaseFollowedCited
State Ex Rel. Peabody Coal Co. v. Clarkgreen
mo · 1993 · cited in 1 Missouri opinions naming this issue, 2021–2021
1 sentence

2021The privilege applies only to a statement that constitutes an admission about a completed (or ongoing) crime, not a statement that constitutes a criminal act in itself, e.g., perjury. 4 In Peabody Coal, the Court held that, to invoke this “crime-fraud exception” to the attorney-client privilege, (1) “the seeking party must make a prima facie showing that the privileged party has committed a crime or fraud”; and (2) “the seeking party must demonstrate that the privileged information bears a direct and contemporaneous relationship to the crime or fraud alleged.” 863 S.W.2d at 608 (citations omit

11
State v. Washingtongreen
moctapp · 1999 · cited in 1 Missouri opinions naming this issue, 2014–2014
1 sentence

2014See Washington, 9 S.W.3d at 675 .

11
In Re JLRgreen
moctapp · 2008 · cited in 1 Missouri opinions naming this issue, 2012–2012
1 sentence

2012See In re J.L.R., 257 S.W.3d 163, 165 (Mo.App.

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 (3)

CaseCitedYears
In the Interest of: S.F.M.D. Juvenile Officer v. F.D. (Father) R.R. (Mother) green
moctapp · 2014
1 sentence

2018Father misconstrues In re S.F.M.D. , 447 S.W.3d 758 (Mo. App. 2014) ( S.F.M.D. 1 ).

12018–2018
United States v. Wong green
scotus · 1977
2 sentences

2015In short, “as the Court has consistently held, perjury is not a permissible way of objecting to the Government’s questions.” Id. at 180 , 97 S.Ct. 1823 . 5 Accordingly, even assuming that Churchill had (and properly asserted) 6 a constitutional privilege against self-incrimination during the initial protective custody hearing, and even assuming that the judge violated this privilege by making Churchill testify, this privilege does not entitle her to commit perjury or prohibit the state from using her false testimony against her to prove that crime.

2015In short, “as the Court has consistently held, perjury is not a permissible way of objecting to the Government’s questions.” Id. at 180 , 97 S.Ct. 1823 . 5 Accordingly, even assuming that Churchill had (and properly asserted) 6 a constitutional privilege against self-incrimination during the initial protective custody hearing, and even assuming that the judge violated this privilege by making Churchill testify, this privilege does not entitle her to commit perjury or prohibit the state from using her false testimony against her to prove that crime.

12015–2015
United States v. Mandujano green
scotus · 1976
1 sentence

2014United States v. Mandujano, 425 U.S. 564 , 576- 77 (1976).

12014–2014

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 211.031 (3) MO § Mo. Rev. Stat. § 211.032 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MO 5 (2012–2021) NE 4 (2017–2025)

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.

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