severity presumption (Missouri) · Go Syfert
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severity presumption in Missouri

5 Missouri opinions name it 2 courts 1987–2018 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 (3)

CaseFollowedCited
Robson v. Hallenbeckgreen
ca1 · 1996 · cited in 1 Missouri opinions naming this issue, 2010–2010
1 sentence

2010The First Circuit has stated that a dismissal with prejudice is reserved for “egregious misconduct ... measured by considering all aspects of the case, including ‘the severity of the violation, the legitimacy of the party’s excuse, repetition of violations, the deliberateness ... of the misconduct, mitigating excuses, prejudice to the other side and to ... the court, and the adequacy of lesser sanctions.’ ” Ruiz-Rosa v. Rullan, 485 F.3d 150, 154 (1st Cir.2007) (quoting Robson v. Hallenbeck, 81 F.3d 1, 2-3 (1st Cir.1996)).

11
Ruiz-Rosa v. Rivera-Gonzalezgreen
ca1 · 2007 · cited in 1 Missouri opinions naming this issue, 2010–2010
1 sentence

2010The First Circuit has stated that a dismissal with prejudice is reserved for “egregious misconduct ... measured by considering all aspects of the case, including ‘the severity of the violation, the legitimacy of the party’s excuse, repetition of violations, the deliberateness ... of the misconduct, mitigating excuses, prejudice to the other side and to ... the court, and the adequacy of lesser sanctions.’ ” Ruiz-Rosa v. Rullan, 485 F.3d 150, 154 (1st Cir.2007) (quoting Robson v. Hallenbeck, 81 F.3d 1, 2-3 (1st Cir.1996)).

11
United States v. Altedias Maurice Campbellgreen
ca8 · 2005 · cited in 1 Missouri opinions naming this issue, 2005–2005
1 sentence

2005U.S. v. Campbell, 410 F.3d 456, 462 (8th Cir.2005).

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
Commonwealth v. Leap green
ky · 2005
1 sentence

2018"Given the severity of such a presumption, ... which may operate in the absence of any proof of an improper motive and thus may block a legitimate response to criminal conduct," we have made clear that this Court will presume vindictiveness "only in cases in which a reasonable likelihood of vindictiveness exists." Commonwealth v. Leap, 179 S.W.3d 809 , 813 (Ky. 2005) (quoting United States v. Goodwin, 457 U.S. 368 , 373, 102 S.Ct. 2485 , 73 L.Ed.2d 74 (1982) ).

12018–2018
United States v. Goodwin green
scotus · 1982
2 sentences

2018"Given the severity of such a presumption, ... which may operate in the absence of any proof of an improper motive and thus may block a legitimate response to criminal conduct," we have made clear that this Court will presume vindictiveness "only in cases in which a reasonable likelihood of vindictiveness exists." Commonwealth v. Leap, 179 S.W.3d 809 , 813 (Ky. 2005) (quoting United States v. Goodwin, 457 U.S. 368 , 373, 102 S.Ct. 2485 , 73 L.Ed.2d 74 (1982) ).

2018"Given the severity of such a presumption, ... which may operate in the absence of any proof of an improper motive and thus may block a legitimate response to criminal conduct," we have made clear that this Court will presume vindictiveness "only in cases in which a reasonable likelihood of vindictiveness exists." Commonwealth v. Leap, 179 S.W.3d 809 , 813 (Ky. 2005) (quoting United States v. Goodwin, 457 U.S. 368 , 373, 102 S.Ct. 2485 , 73 L.Ed.2d 74 (1982) ).

12018–2018
Bass v. Nooney Co. green
mo · 1983
1 sentence

2011Id.

12011–2011
Jane Doe, Individually and as Next Friend of John Doe, a Minor v. Martha Cassel Angel Cooper Skye Howard Randall Majors Jeff Frick Monica Smith green
ca8 · 2005
1 sentence

2010In Doe v. Cassel, 403 F.3d 986 (8th Cir.2005), the plaintiff filed four complaints within eighteen months — each time doing so without complying with the district court’s orders to correct certain deficiencies present in her previous complaints.

12010–2010
Stiffelman v. Abrams green
mo · 1983
1 sentence

1987A review of these sanctions, seemingly promulgated to fit the severity of the violation involved, reinforces the position we took in Stiffelman that “[t]he legislature no doubt saw the availability of remedies less drastic than the shutdown of a deficient home as being in the best interest of nursing home residents for many of whom forced transfers occasioned by revocation would be dispiriting and even life-threatening.” Stiffelman, 655 S.W.2d at 530 .

11987–1987

Where else courts name it

KY 31 (1979–2026) OH 27 (1905–2026) NC 19 (1975–2021) IL 19 (1883–2024) NY 13 (1888–2007) DC 13 (1987–2023) CA 10 (2013–2025) PA 8 (1915–2024) TX 7 (1993–2018) FL 6 (1990–2018) IA 6 (1970–2026) MO 5 (1987–2018) MA 5 (1902–2023) IN 4 (1937–2026) CO 4 (1941–2015) NM 4 (1994–2017) MD 4 (1961–2017) UT 4 (2000–2018) RI 3 (1996–2004) MT 3 (2010–2010) GA 3 (1989–1995) TN 3 (2009–2012) OK 3 (1998–2015) OR 3 (1982–2022) WA 2 (2006–2006) ID 2 (1905–2005) LA 2 (1976–1993) MI 2 (1853–2022) CT 2 (1992–1995) WI 2 (2002–2004) MN 2 (1890–2017)

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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