Taylor claim (Missouri) · Go Syfert
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Taylor claim in Missouri

20 Missouri opinions name it 2 courts 1981–2019 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 (8)

CaseFollowedCited
Kamil, Decker & Co., P.C. v. SMC Properties, Inc.green
moctapp · 1999 · cited in 1 Missouri opinions naming this issue, 2018–2018
1 sentence

2018See id.

11
Gerlt v. Stategreen
moctapp · 2011 · cited in 1 Missouri opinions naming this issue, 2013–2013
1 sentence

2013“Error is clear when the record definitely and firmly indicates that the circuit court made a mistake.” Gerlt v. State, 339 S.W.3d 578, 582 (Mo.App.

11
State v. Winfreygreen
mo · 2011 · cited in 1 Missouri opinions naming this issue, 2012–2012
1 sentence

2012The detective’s statement about the general purpose of checking identification at the door of the club was not hearsay. “ ‘A hearsay statement is any out-of-court statement that is used to prove the truth of the matter asserted and that depends upon the veracity of the statement for its value.’ ” State v. Winfrey, 337 S.W.3d 1, 6 (Mo. banc 2011) (citation omitted).

11
Ward v. Mid-America Fittingsgreen
moctapp · 1998 · cited in 1 Missouri opinions naming this issue, 2010–2010
1 sentence

2010Fittings, 974 S.W.2d 586, 587 (Mo.App.1998).

11
Brown v. Stategreen
mo · 2002 · cited in 1 Missouri opinions naming this issue, 2004–2004
1 sentence

2004Taylor’s claim, although procedurally defaulted, may merit habeas relief by demonstrating “cause for the failure to timely raise the claim at an earlier juncture and prejudice resulting from the error that forms the basis of the claim.” Brown v. State, 66 S.W.3d 721, 726 (Mo. banc 2002).

11
Atkins v. Virginiagreen
scotus · 2002 · cited in 1 Missouri opinions naming this issue, 2004–2004
2 sentences

2004See Atkins, 536 U.S. at 304 , 122 S.Ct. 2242 .

2004See Atkins, 536 U.S. at 304 , 122 S.Ct. 2242 .

11
Beaver v. Stategreen
moctapp · 1985 · cited in 1 Missouri opinions naming this issue, 1996–1996
2 sentences

1996See Beaver v. State, 702 S.W.2d 149, 150-51 (Mo.App.1985) (during plea hearing, attorney rather than judge informed defendant of potential penalties held sufficient under Rule 24.02 because record reflected plea made voluntarily and intelligently).

1996See Beaver v. State, 702 S.W.2d 149, 150-51 (Mo.App.1985) (during plea hearing, attorney rather than judge informed defendant of potential penalties held sufficient under Rule 24.02 because record reflected plea made voluntarily and intelligently).

11
State v. Williamsgreen
moctapp · 1977 · cited in 1 Missouri opinions naming this issue, 1981–1981
1 sentence

1981The original appeal discloses the motion was directed to a different claim, State v. Williams, 548 S.W.2d 227, 230 (Mo.App.1970).

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 (13)

CaseCitedYears
Anderson v. American Family Mutual Insurance Co. green
moctapp · 2005
1 sentence

2019That is the duty of the parties, not the function of an appellate court.” Id. 5 Third, Taylor’s brief fails to comply with Rule 84.04(d), which provides, in part, that a point relied on shall identify the ruling or action that the appellant challenges.

12019–2019
Burns v. Smith green
mo · 2007
2 sentences

2016In Burns, this Court noted that the “something more” test encompasses “an affirmative act that creates an additional 22 danger beyond that normally faced in the job-specific work environment” but reaffirmed Taylor’s standard as “purposeful, affirmatively dangerous conduct.” 214 S.W.3d at 338 .

2016In Bums, this Court noted that the “something more” test encompasses “an affirmative act that creates an additional danger beyond that normally -faced in the job-specific work environment” but reaffirmed Taylor’s standard as “purposeful, affirmatively dangerous conduct.” 214 S.W.3d at 338 .

12016–2016
State v. Myles green
moctapp · 2015
1 sentence

2016Id. ' Taylor’s brief on appeal is devoid of any argument about how or why Rollins’s testimony conflicted with the physical evidence collected at the scene of the shooting.

12016–2016
Taylor v. State green
mo · 2008
2 sentences

2014Id.

2014Id.

12014–2014
State v. Wright green
moctapp · 1999
1 sentence

2012In State v. Wright, 998 S.W.2d 78 (Mo.App.

12012–2012
Clark v. American Family Mutual Insurance Co. green
moctapp · 2002
1 sentence

2012Id.

12012–2012
State v. Norris green
moctapp · 2007
1 sentence

2012Just to clarify for the jury, Detective, you had no personal knowledge if the I.D.s were compared to the person carrying the ID. and at the bar on that night; correct? [Detective Needham]: No. The circuit court did not abuse its discretion in denying Taylor’s motion for a mistrial because of the detective’s statement.

12012–2012
Frye v. United States red
cadc · 1923
1 sentence

2009The court conducted a hearing under Frye v. United States, 293 F. 1013 (D.C.Cir.1923), about the admissibility of the phenolphthalein test results and overruled Taylor’s objection, allowing evidence of the phenolphthalein test results as a presumptive test for the presence of blood.

12009–2009
Barnett v. State green
mo · 2003
1 sentence

2008Id.

12008–2008
Cuyler v. Sullivan green
scotus · 1980
1 sentence

2002Id.

12002–2002
Furman v. Georgia green
scotus · 1972
2 sentences

2000Taylor's brief addressed an eighth amendment violation in passing, noting that in Fur-man v. Georgia, the Supreme Court held that it was cruel and unusual punishment to sentence someone to death if the punishment is meted out arbitrarily and capriciously. 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972).

2000Taylor's brief addressed an eighth amendment violation in passing, noting that in Fur-man v. Georgia, the Supreme Court held that it was cruel and unusual punishment to sentence someone to death if the punishment is meted out arbitrarily and capriciously. 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972).

12000–2000
State v. Richardson green
mo · 1996
2 sentences

1997Richardson, 923 S.W.2d at 319 .

1997Richardson, 923 S.W.2d at 319 .

11997–1997
Benson v. State green
moctapp · 1980
2 sentences

1982Benson also forecloses a Taylor — Duren challenge under the guise of ineffective assistance of counsel as an attorney during the time frame in question is not held to a standard of clairvoyance: “the failure of a defense attorney to file a motion to quash under the Taylor doctrine will not be deemed ineffective representation as a general rule.” Id. at 545-46 .

1982Benson also forecloses a Taylor — Duren challenge under the guise of ineffective assistance of counsel as an attorney during the time frame in question is not held to a standard of clairvoyance: “the failure of a defense attorney to file a motion to quash under the Taylor doctrine will not be deemed ineffective representation as a general rule.” Id. at 545-46 .

11982–1982

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 565.020 (3) MO § Mo. Rev. Stat. § 565.032 (3) MO § Mo. Rev. Stat. § 571.015 (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 39 (1976–2026) OH 38 (1999–2025) GA 36 (1914–2025) CA 35 (1969–2025) IL 33 (1867–2026) FL 32 (1961–2022) AL 21 (1988–2025) IN 21 (1981–2024) PA 21 (1944–2026) MO 20 (1981–2019) NY 17 (1979–2025) MD 13 (1995–2021) DE 12 (2003–2023) VA 12 (1988–2020) WI 11 (2004–2024) IA 11 (1996–2024) WA 10 (1911–2025) KY 10 (1957–2026) MI 10 (1970–2023) MS 9 (1998–2026) CO 9 (1994–2024) KS 9 (2004–2024) OK 8 (1995–2019) LA 8 (1975–2022) DC 8 (1991–2011) UT 8 (1995–2024) AZ 7 (2008–2026) SC 5 (2007–2024) NV 5 (2020–2024) WY 5 (2000–2025) AR 4 (1998–2015) HI 4 (2007–2023) ID 4 (2017–2019) NC 4 (2006–2026) MT 4 (1998–2009) CT 3 (2011–2017) WV 3 (1981–2024) AK 3 (1977–2017) MA 3 (1976–2008) RI 2 (1987–2023) TN 2 (2010–2013) ME 2 (1983–2010) NM 2 (1994–1995) MN 2 (2017–2018)

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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