began analysis (Missouri) · Go Syfert
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began analysis in Missouri

20 Missouri opinions name it 2 courts 1983–2021 2 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 (2)

CaseFollowedCited
Doss v. Browngreen
moctapp · 2012 · cited in 1 Missouri opinions naming this issue, 2020–2020
2 sentences

2020This Court began its analysis by noting that a circuit “court’s choice as to which sanction promotes the purpose of discovery is a matter of its discretion.” Id. at 789 .

2020We noted further that “[t]he striking of a party's pleadings is an appropriate sanction when the party's failure to respond to pretrial discovery orders reflects a contumacious and deliberate disregard for the trial court's authority.” Id. at 790 (citation and internal quotation marks omitted).

11
Moore v. Browngreen
· 1942 · cited in 1 Missouri opinions naming this issue, 1984–1984
2 sentences

1984Moore, 350 Mo. at 263 , 165 S.W.2d at 659 [1, 2].

1984Moore, 350 Mo. at 263 , 165 S.W.2d at 659 [1, 2].

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 (19)

CaseCitedYears
United States v. Howell green
ca8 · 2009
2 sentences

2013Id. at 715-17 .

2013Id. at 715-17 .

22013–2013
State ex rel. Department of Social Services, Division of Children Services v. Tucker green
mo · 2013
1 sentence

2021Id. at 647-48 .

12021–2021
Baxter v. Sturm, Ruger & Co. green
conn · 1994
1 sentence

2021The court began its analysis by concluding that “statutes of repose . . . are indistinguishable from statutes of limitation for purposes of choice[-]of[-]law characterization.” Id. at 1298 .

12021–2021
In Re the Marriage of Gustin green
moctapp · 1993
1 sentence

2010Gustin, 861 S.W.2d at 643 (citing Mo.Rev.Stat. § 452.330.1(1) (Supp.1988)). 1 Expounding on the necessity of considering the economic circumstances of the parties near the time the distribution of property becomes effective, the Gustin court adopted the holding from the Pennsylvania Supreme Court in Sutliff v. Sutliff, 518 Pa. 378 , 543 A.2d 534 (1988): [0]ne can readily imagine the economic injustices that would be inflicted by distributing property without regard to its value.

12010–2010
Sutliff v. Sutliff green
pa · 1988
2 sentences

2010Gustin, 861 S.W.2d at 643 (citing Mo.Rev.Stat. § 452.330.1(1) (Supp.1988)). 1 Expounding on the necessity of considering the economic circumstances of the parties near the time the distribution of property becomes effective, the Gustin court adopted the holding from the Pennsylvania Supreme Court in Sutliff v. Sutliff, 518 Pa. 378 , 543 A.2d 534 (1988): [0]ne can readily imagine the economic injustices that would be inflicted by distributing property without regard to its value.

2010Gustin, 861 S.W.2d at 643 (citing Mo.Rev.Stat. § 452.330.1(1) (Supp.1988)). 1 Expounding on the necessity of considering the economic circumstances of the parties near the time the distribution of property becomes effective, the Gustin court adopted the holding from the Pennsylvania Supreme Court in Sutliff v. Sutliff, 518 Pa. 378 , 543 A.2d 534 (1988): [0]ne can readily imagine the economic injustices that would be inflicted by distributing property without regard to its value.

12010–2010
Maryland v. Craig green
scotus · 1990
2 sentences

2008Craig, 497 U.S. at 850 , 110 S.Ct. 3157 .

2008Craig, 497 U.S. at 850 , 110 S.Ct. 3157 .

12008–2008
Bradshaw v. State green
moctapp · 2005
1 sentence

2007Id.

12007–2007
Doe v. TCI Cablevision green
mo · 2003
1 sentence

2006The Court began its analysis with a reference to the same evidence that it had found was sufficient to make a submissible case on the element of commercial advantage: “[a]s discussed, Twist made a sub-missible case that respondents’ use of his name and identity was for a commercial advantage.” Doe, 110 S.W.3d at 374 .

12006–2006
Bachtel v. Miller County Nursing Home District green
mo · 2003
2 sentences

2006In Bachtel , the court began its analysis by discussing the intent of the legislature in passing the Act. 110 S.W.3d at 801 .

2006It noted that one of the key purposes of the Act was to “provide protection to those individuals who are unlikely, or unable, to protect themselves.” Id.

12006–2006
Schaeffer v. American Motorists Insurance green
moctapp · 1998
1 sentence

2006This facts of this case are similar to the case of Schaeffer in which the court began its analysis by stating an executory contract was formed between the parties, despite, as here, the parties’ disagreement regarding the language of the subrogation provision, the plaintiffs’ refusal to sign the release, and the fact that the settlement money was not paid. 973 S.W.2d at 181-82 .

12006–2006
State v. Bratina green
mo · 2002
2 sentences

2005After setting forth the text of section 194.425 in full, the Court began its analysis by noting that “[t]here is a question as to what conduct is made criminal by this statute.” Id. at 626 .

2005After setting forth the text of section 194.425 in full, the Court began its analysis by noting that "[t]here is a question as to what conduct is made criminal by this statute." Id. at 626 .

12005–2005
Russell v. Phelps green
mich · 1880
2 sentences

2004The Court began its analysis by noting that in the deed originally issued to Chil-dress by the land’s previous owner, the property was correctly described as follows: [Bjeginning on rock corner on east line of NW 1/ 4 NW 1 /4, Sec. 23, Twp. 27, range 17, 34 rods and 7 ft. north of SE corner of said NW 1/ 4 NW 1 /4; thence west 7 rods; thence south 11 and 3/7 rods; thence east 7 rods; thence north 11 and 3/7 rods to place of beginning, containing 1/2 acre.

2004The Court began its analysis by noting that in the deed originally issued to Chil-dress by the land’s previous owner, the property was correctly described as follows: [Bjeginning on rock corner on east line of NW 1/ 4 NW 1 /4, Sec. 23, Twp. 27, range 17, 34 rods and 7 ft. north of SE corner of said NW 1/ 4 NW 1 /4; thence west 7 rods; thence south 11 and 3/7 rods; thence east 7 rods; thence north 11 and 3/7 rods to place of beginning, containing 1/2 acre.

12004–2004
Seals v. Callis green
moctapp · 1992
2 sentences

2004This court began its analysis by noting that the subject-matter jurisdiction defense first raised in Callis’ answer was “readily disposed of,” holding that “there is no question that the trial court had jurisdiction of the subject matter of the suit.” Id. at 7 .

2004This court then proceeded to observe that the real question presented by the case was “whether or not a party can waive the right to enforce a forum selection clause and sue a defendant in his home county.” Id.

12004–2004
City of Indianapolis v. Edmond green
scotus · 2000
2 sentences

2002The Court began its analysis by distinguishing several cases in which checkpoints were approved, such as those involving border checkpoints “designed to intercept illegal aliens” and sobriety checkpoints “aimed at removing drunk drivers from the road.” Id. at 37 , 121 S.Ct. at 451-52 .

2002The Court began its analysis by distinguishing several cases in which checkpoints were approved, such as those involving border checkpoints “designed to intercept illegal aliens” and sobriety checkpoints “aimed at removing drunk drivers from the road.” Id. at 37 , 121 S.Ct. at 451-52 .

12002–2002
State v. Applegate green
moctapp · 1984
1 sentence

2001Id.

12001–2001
Stevens v. Durbin-Durco, Inc. green
mo · 1964
1 sentence

1994Id. at 346 .

11994–1994
State v. Edmondson green
mo · 1971
2 sentences

1987The court quoted State v. Jones , for the controlling rule and appears to recognize juror separation or misconduct after submission is sufficient in itself to require a new trial, but misconduct before submission imposes a presumption of prejudice which requires a verdict to be set aside "unless the state affirmatively shows that the jurors were not subject to improper influences." State v. Edmondson, 461 S.W.2d at 723 .

1987The court quoted State v. Jones, for the controlling rule and appears to recognize juror separation or misconduct after submission is sufficient in itself to require a new trial, but misconduct before submission imposes a presumption of prejudice which requires a verdict to be set aside “unless the state affirmatively shows that the jurors were not subject to improper influences.” State v. Edmondson, 461 S.W.2d at 723 .

11987–1987
Chimel v. California red
scotus · 1969
2 sentences

1983The Court began with the principle established in Chimel v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed. 685 (1969), that a "contemporaneous search without a warrant of the person arrested and of the immediately surrounding area" is justified incident to a lawful custodial arrest "because of the need `to remove any weapons that [the arrestee] might seek to use in order to resist arrest or effect his escape' and the need to prevent the concealment or destruction of evidence." Belton, 453 U.S. at 457 , 101 S.Ct. at 2862 (quoting Chimel, 395 U.S. at 763 , 89 S.Ct. at 2040 ).

1983The Court began with the principle established in Chimel v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed. 685 (1969), that a "contemporaneous search without a warrant of the person arrested and of the immediately surrounding area" is justified incident to a lawful custodial arrest "because of the need `to remove any weapons that [the arrestee] might seek to use in order to resist arrest or effect his escape' and the need to prevent the concealment or destruction of evidence." Belton, 453 U.S. at 457 , 101 S.Ct. at 2862 (quoting Chimel, 395 U.S. at 763 , 89 S.Ct. at 2040 ).

11983–1983
New York v. Belton red
scotus · 1981
2 sentences

1983The Court began with the principle established in Chimel v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed. 685 (1969), that a "contemporaneous search without a warrant of the person arrested and of the immediately surrounding area" is justified incident to a lawful custodial arrest "because of the need `to remove any weapons that [the arrestee] might seek to use in order to resist arrest or effect his escape' and the need to prevent the concealment or destruction of evidence." Belton, 453 U.S. at 457 , 101 S.Ct. at 2862 (quoting Chimel, 395 U.S. at 763 , 89 S.Ct. at 2040 ).

1983The Court began with the principle established in Chimel v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed. 685 (1969), that a "contemporaneous search without a warrant of the person arrested and of the immediately surrounding area" is justified incident to a lawful custodial arrest "because of the need `to remove any weapons that [the arrestee] might seek to use in order to resist arrest or effect his escape' and the need to prevent the concealment or destruction of evidence." Belton, 453 U.S. at 457 , 101 S.Ct. at 2862 (quoting Chimel, 395 U.S. at 763 , 89 S.Ct. at 2040 ).

11983–1983

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 589.400 (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

IL 103 (1978–2026) CA 88 (1978–2026) TX 70 (1963–2025) PA 49 (1982–2026) OR 49 (1982–2025) MD 40 (1985–2022) OH 34 (1992–2024) WA 33 (1974–2025) NJ 28 (1988–2025) MI 26 (1967–2025) TN 24 (1990–2022) MO 20 (1983–2021) FL 20 (1990–2021) WI 18 (1981–2025) IN 17 (1982–2024) CO 16 (1986–2022) CT 14 (1990–2021) KS 14 (2002–2026) IA 14 (1977–2018) MS 13 (1998–2025) AL 12 (2004–2026) LA 12 (1989–2024) NC 11 (1987–2022) ID 10 (1984–2024) NY 8 (1989–2026) UT 7 (1997–2024) DC 7 (1983–2019) OK 7 (1937–2013) NM 7 (1987–2017) NE 6 (1990–2020) WV 6 (1993–2013) MN 6 (1977–2009) GA 6 (1984–2025) DE 5 (1988–2025) AZ 5 (2000–2018) AK 5 (1985–2025) KY 4 (2021–2022) VT 3 (2000–2015) HI 3 (1993–2017) RI 3 (1983–2025) ME 2 (1998–2018) VA 2 (1997–2018) NV 2 (1991–2010) SC 2 (2007–2014) SD 2 (1993–2011)

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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