burden to overcome presumption (Missouri) · Go Syfert
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burden to overcome presumption in Missouri

26 Missouri opinions name it 2 courts 1981–2023 4 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 (11)

CaseFollowedCited
Cloyd v. Cloydgreen
moctapp · 1978 · cited in 3 Missouri opinions naming this issue, 1981–1998
2 sentences

1998Cloyd v. Cloyd, 564 S.W.2d 337, 342 (Mo.App.1978).

1981Cloyd v. Cloyd, 564 S.W.2d 337, 342 (Mo.App.1978).

33
Burgdorf v. Board of Police Commissionersgreen
moctapp · 1996 · cited in 2 Missouri opinions naming this issue, 2003–2011
2 sentences

2011Burgdorf v. Bd. of Police Comm’rs, 936 S.W.2d 227, 234 (Mo.App.

2003Burgdorf v. Bd. of Police Comm’rs, 936 S.W.2d 227, 234 (Mo.App.

22
State Ex Rel. AG Processing Inc. v. Thompsongreen
moctapp · 2003 · cited in 5 Missouri opinions naming this issue, 2010–2021
2 sentences

2011“A presumption exists that administrative decision-makers act honestly and impartially, and a party challenging the partiality of the decision-maker has the burden to overcome that presumption.” Id. at 920 . [V]arious situations have been identified in which experience teaches that the probability of actual bias on the part of the judge or decisionmaker is too high to *192 be constitutionally tolerable.

2010“A presumption exists that administrative decision-makers act honestly and impartially, and a party challenging the partiality of the decision-maker has the burden to overcome that presumption.” Id. at 920 .

15
Phillips v. Fallengreen
mo · 1999 · cited in 3 Missouri opinions naming this issue, 2010–2013
2 sentences

2013“The burden to overcome the presumption of validity and jurisdiction must be met with ‘the clearest and most satisfactory evidence,’ and this burden lies with the party asserting the invalidity of the foreign judgment.” Id. at 127 (quoting Phillips v. Fallen, 6 S.W.3d 862, 868 (Mo. banc 1999)).

2011Peoples Bank, 318 S.W.3d at 127 (quoting Phillips, 6 S.W.3d at 868 ).

13
Peoples Bank v. Frazeegreen
mo · 2010 · cited in 2 Missouri opinions naming this issue, 2011–2022
2 sentences

2022Peoples Bank v. Frazee, 318 S.W.3d 121, 126-27 (Mo. banc 2010) (footnote, internal quotation marks, and citations omitted).

2011Peoples Bank, 318 S.W.3d at 127 (quoting Phillips, 6 S.W.3d at 868 ).

12
Withrow v. Larkingreen
scotus · 1975 · cited in 1 Missouri opinions naming this issue, 2021–2021
1 sentence

2021While a “biased decision-maker [is] constitutionally unacceptable,” Withrow v. Larkin, 421 U.S. 35, 47 (1975), decision-makers are presumed to “act honestly and impartially, and a party challenging the partiality of the decision-maker has the burden to overcome that presumption.” State ex rel.

11
Fitzgerald v. City of Maryland Heightsgreen
moctapp · 1990 · cited in 1 Missouri opinions naming this issue, 2010–2010
1 sentence

2010“A judge or administrative decision-maker is without jurisdiction ... if the judge or decision-maker failed to disqualify himself on proper application.” Id. “[A]ny administrative decision[-]maker who has made an unalterable prejudgment of operative adjudicative facts is considered biased.” Fitzgerald v. City of Maryland Heights, 796 S.W.2d 52, 59 (Mo.App.

11
State v. Tokargreen
mo · 1996 · cited in 1 Missouri opinions naming this issue, 2007–2007
1 sentence

2007State v. Tokar, 918 S.W.2d 753, 766 (Mo. banc 1996).

11
Tate v. Tategreen
moctapp · 1996 · cited in 1 Missouri opinions naming this issue, 2003–2003
1 sentence

2003Tate v. Tate, 920 S.W.2d 98, 103 (Mo.App.

11
Gamble v. Hoffmangreen
mo · 1987 · cited in 1 Missouri opinions naming this issue, 1990–1990
1 sentence

1990Gamble v. Hoffman, 732 S.W.2d 890, 892 [1] (Mo. banc 1987).

11
In Re Estate of Erwingreen
moctapp · 1981 · cited in 1 Missouri opinions naming this issue, 1989–1989
1 sentence

1989In re Estate of Erwin, 611 S.W.2d 564, 568 (Mo.App.1981).

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 (7)

CaseCitedYears
Scrivener Oil Co., Inc. v. Crider green
moctapp · 2010
2 sentences

2023Scrivener Oil Co., 304 S.W.3d at 272 .

2013Nevertheless, we presume “that administrative decision-makers act honestly and impartially, and a party challenging the partiality of the decision-maker has the burden to overcome that presumption.” Id. (internal quotation omitted).

22013–2023
Jalesia McQueen, Appellant. v. Justin Gadberry green
moctapp · 2016
2 sentences

2019McQueen, 507 S.W.3d at 151 .

2019McQueen, 507 S.W.3d at 151 .

12019–2019
Trout v. State green
moctapp · 2008
1 sentence

2009Id.

12009–2009
Moore v. Moore green
moctapp · 2006
1 sentence

2009Id.

12009–2009
Marriage of Maninger v. Maninger green
moctapp · 2003
1 sentence

2009Id.

12009–2009
State v. Norman green
moctapp · 2004
1 sentence

2005Id.

12005–2005
Halupa v. Halupa green
moctapp · 1997
1 sentence

2003Id.

12003–2003

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 288.210 (3) MO § Mo. Rev. Stat. § 452.330 (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

TX 103 (1989–2026) CA 32 (2014–2026) IL 31 (1977–2026) MO 26 (1981–2023) FL 23 (2004–2022) IN 14 (1973–2024) MS 14 (1996–2018) WI 13 (2006–2025) SD 12 (1996–2020) OH 9 (1978–2025) PA 9 (2010–2026) IA 8 (1941–2019) MI 8 (1975–2025) AL 7 (1912–2026) MT 7 (2011–2023) GA 6 (1972–2021) OR 6 (1985–2024) WA 6 (2016–2025) CT 5 (1985–2007) NM 5 (1975–2024) MN 5 (1920–2019) NJ 5 (1993–2016) ND 5 (1985–2015) MD 5 (1959–2022) NC 4 (1969–2026) ME 3 (1994–2023) LA 3 (1965–1997) NY 3 (1997–2026) AR 2 (2006–2006) SC 2 (2003–2005) TN 2 (2002–2007) VA 2 (2001–2018) KY 2 (1996–2021) KS 2 (2018–2020) VT 2 (2015–2026)

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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