means test (Missouri) · Go Syfert
← Missouri issues

means test in Missouri

19 Missouri opinions name it 2 courts 1910–2023 3 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
Parker v. Action Contracting Corp.green
moctapp · 2003 · cited in 4 Missouri opinions naming this issue, 2012–2016
2 sentences

2016In unemployment compensation cases, this means that the error must explicitly refer to one of the four statutory grounds for reversal set out in section 288.210 RSMo (2000).[ ] Parker v. Action Contracting Corp., 100 S.W.3d 168, 171 (Mo.App.2003).

2012In unemployment compensation cases, this means that the error must explicitly refer to one of the four statutory grounds for reversal set out in section 288.210 RSMo (2000). 3 Parker v. Action Contracting Corp., 100 S.W.3d 168, 171 (Mo.App.2003).

44
State v. Whitegreen
moctapp · 1996 · cited in 1 Missouri opinions naming this issue, 2017–2017
1 sentence

2017Rule 25.03(C) “provides a means for the defense to try to obtain information or materials which is not in the possession or control of the State, but of which the State is aware.” State v. White, 931 S.W.2d 825, 831 (Mo. App. W.D. 1996).

11
Threlkel v. Milesgreen
mo · 1928 · cited in 1 Missouri opinions naming this issue, 2015–2015
2 sentences

2015See also Threlkel v. Miles, 320 Mo. 1140 , 10 S.W.2d 953, 956 (1928) (holding that irregularities alleged in connection with the issuance of a civil contempt citation were “matters of error properly cognizable- on appeal” that could not be considered in a habeas action).

2015See also Threlkel v. Miles, 320 Mo. 1140 , 10 S.W.2d 953, 956 (1928) (holding that irregularities alleged in connection with the issuance of a civil contempt citation were “matters of error properly cognizable- on appeal” that could not be considered in a habeas action).

11
Jamison v. Stategreen
moctapp · 1996 · cited in 1 Missouri opinions naming this issue, 2004–2004
1 sentence

2004However, that the rule specifies the sentencing court as the forum in which a Rule 29.15 proceeding is the exclusive means to challenge the validity of a sentence, as well as the fact that the issue obviously was addressed in direct appeal cases such as Sanders, Porter, and Moore , compels the conclusion that Rules 29.15 and 24.035, the “post-conviction relief’ provisions, give a defendant “alternative forums [sic] in which to challenge subject matter jurisdiction; a [post-conviction] motion is the exclusive procedure for raising the claim with the trial court, and a direct appeal from the con

11
State v. Tollivergreen
moctapp · 1978 · cited in 1 Missouri opinions naming this issue, 1999–1999
1 sentence

1999State v. Tolliver, 562 S.W.2d 714, 719 (Mo.App.1978).

11
State v. Lockegreen
moctapp · 1979 · cited in 1 Missouri opinions naming this issue, 1983–1983
1 sentence

1983State v. Locke, 587 S.W.2d 346, 350 (Mo.App.1979); State v. McClain, 541 S.W.2d 351, 357 (Mo.App.1976).

11
State v. McClaingreen
moctapp · 1976 · cited in 1 Missouri opinions naming this issue, 1983–1983
1 sentence

1983State v. Locke, 587 S.W.2d 346, 350 (Mo.App.1979); State v. McClain, 541 S.W.2d 351, 357 (Mo.App.1976).

11
Branson v. Jordangreen
moctapp · 1978 · cited in 1 Missouri opinions naming this issue, 1980–1980
2 sentences

1980The Means rule was set forth in Branson v. Jordan, 571 S.W.2d 707, 709 (Mo.App.1978), which held that the appeal was an abuse of judicial process, and said further, “To avoid the penalty ‘the questions raised on appeal must be at least fairly debatable.’ Brooks v. General Motors Assembly Division, 527 S.W.2d 50 [9-11] (Mo.App.1975).” In Wright v. Sprague, 563 S.W.2d 165 (Mo.App.1978), a plaintiff’s appeal was deemed frivolous where she had generally released one defendant, and therefore had her case dismissed against another defendant.

1980The Means rule was set forth in Branson v. Jordan, 571 S.W.2d 707, 709 (Mo.App.1978), which held that the appeal was an abuse of judicial process, and said further, “To avoid the penalty ‘the questions raised on appeal must be at least fairly debatable.’ Brooks v. General Motors Assembly Division, 527 S.W.2d 50 [9-11] (Mo.App.1975).” In Wright v. Sprague, 563 S.W.2d 165 (Mo.App.1978), a plaintiff’s appeal was deemed frivolous where she had generally released one defendant, and therefore had her case dismissed against another defendant.

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 (11)

CaseCitedYears
State v. Steidley green
moctapp · 2017
2 sentences

2023First, looking at the subpoena authority of Rule 25.03(h), Missouri courts have interpreted this language as “providing a means for the defense to try to obtain information or materials which is not in the possession of the State but of which the State is aware.” 9 See Steidley, 533 S.W.3d at 772 .

2023First, looking at the subpoena authority of Rule 25.03(h), Missouri courts have interpreted this language as providing “a means for the defense to try to obtain information or materials which is not in the possession or control of the State, but of which the State is aware.” See Steidley, 533 S.W.3d at 772 .

22023–2023
Waller v. A.C. Cleaners Management, Inc. green
moctapp · 2012
1 sentence

2023Id.

12023–2023
State ex rel. Chicago, Burlington & Quincy Railroad v. Bland green
mo · 1905
2 sentences

2015Co. v. Bland, 189 Mo. 197 , 88 S.W. 28 (1905) (rejecting a writ of prohibition as an appropriate means to challenge a civil contempt judgment because appellate relief is available).

2015Co. v. Bland, 189 Mo. 197 , 88 S.W. 28 (1905) (rejecting a writ of prohibition as an appropriate means to challenge a civil contempt judgment because appellate relief is available).

12015–2015
Davis v. Alaska green
scotus · 1974
2 sentences

1998Davis, 415 U.S. at 316 , 94 S.Ct. 1105 .

1998Davis, 415 U.S. at 316 , 94 S.Ct. 1105 .

11998–1998
State v. Mayes green
moctapp · 1993
1 sentence

1996Id.

11996–1996
State v. Hill green
moctapp · 1981
1 sentence

1982State v. Hill, 614 S.W.2d 744 , 749—750[6] (Mo.App.1981) and the many cases there cited.

11982–1982
Wright v. Sprague green
moctapp · 1978
2 sentences

1980The Means rule was set forth in Branson v. Jordan, 571 S.W.2d 707, 709 (Mo.App.1978), which held that the appeal was an abuse of judicial process, and said further, “To avoid the penalty ‘the questions raised on appeal must be at least fairly debatable.’ Brooks v. General Motors Assembly Division, 527 S.W.2d 50 [9-11] (Mo.App.1975).” In Wright v. Sprague, 563 S.W.2d 165 (Mo.App.1978), a plaintiff’s appeal was deemed frivolous where she had generally released one defendant, and therefore had her case dismissed against another defendant.

1980The Means rule was set forth in Branson v. Jordan, 571 S.W.2d 707, 709 (Mo.App.1978), which held that the appeal was an abuse of judicial process, and said further, “To avoid the penalty ‘the questions raised on appeal must be at least fairly debatable.’ Brooks v. General Motors Assembly Division, 527 S.W.2d 50 [9-11] (Mo.App.1975).” In Wright v. Sprague, 563 S.W.2d 165 (Mo.App.1978), a plaintiff’s appeal was deemed frivolous where she had generally released one defendant, and therefore had her case dismissed against another defendant.

11980–1980
Brooks v. General Motors Assembly Division green
moctapp · 1975
2 sentences

1980The Means rule was set forth in Branson v. Jordan, 571 S.W.2d 707, 709 (Mo.App.1978), which held that the appeal was an abuse of judicial process, and said further, “To avoid the penalty ‘the questions raised on appeal must be at least fairly debatable.’ Brooks v. General Motors Assembly Division, 527 S.W.2d 50 [9-11] (Mo.App.1975).” In Wright v. Sprague, 563 S.W.2d 165 (Mo.App.1978), a plaintiff’s appeal was deemed frivolous where she had generally released one defendant, and therefore had her case dismissed against another defendant.

1980The Means rule was set forth in Branson v. Jordan, 571 S.W.2d 707, 709 (Mo.App.1978), which held that the appeal was an abuse of judicial process, and said further, “To avoid the penalty ‘the questions raised on appeal must be at least fairly debatable.’ Brooks v. General Motors Assembly Division, 527 S.W.2d 50 [9-11] (Mo.App.1975).” In Wright v. Sprague, 563 S.W.2d 165 (Mo.App.1978), a plaintiff’s appeal was deemed frivolous where she had generally released one defendant, and therefore had her case dismissed against another defendant.

11980–1980
State v. Rose green
mo · 1959
1 sentence

1973State v. Rose, 325 S.W.2d 485 (Mo., 1959).

11973–1973
Gettys v. American Car & Foundry Co. green
mo · 1929
2 sentences

1935Railroad Co. (Mo.), 271 S.W. 500 ; Gettys v. American Car Foundry Co., 322 Mo. 787 , 16 S.W.2d 85 .] Plaintiff did testify that one of the doctors had told him to get an iliac belt and that he had said that he "did not have the means to test it out," to which there was no objection or motion to strike out by defendant at the time.

1935Railroad Co. (Mo.), 271 S.W. 500 ; Gettys v. American Car Foundry Co., 322 Mo. 787 , 16 S.W.2d 85 .] Plaintiff did testify that one of the doctors had told him to get an iliac belt and that he had said that he "did not have the means to test it out," to which there was no objection or motion to strike out by defendant at the time.

11935–1935
State v. Myers green
mo · 1909
2 sentences

1910Cross-examination, from time immemorial, has been the great test of credibility of any witness.” [State v. Myers, 221 Mo. 598 ; State v. Miller, 190 Mo. l. c. 463; State v. McKenzie, 102 Mo. l. c. 632; State v. Barrington, 198 Mo. l. c. 81; State v. Cunningham, 154 Mo. l. c. 174.] The cross-examination need not be confined to a mere categorical review of the matters stated in the direct examination, but the same may be employed as a means to test the truth of the evidence given in such direct examination. [State v. Myers, supra; State v. Miller, 156 Mo. l. c. 85; State v. Fisher, 162 Mo. l. c.

1910Cross-examination, from time immemorial, has been the great test of credibility of any witness.” [State v. Myers, 221 Mo. 598 ; State v. Miller, 190 Mo. l. c. 463; State v. McKenzie, 102 Mo. l. c. 632; State v. Barrington, 198 Mo. l. c. 81; State v. Cunningham, 154 Mo. l. c. 174.] The cross-examination need not be confined to a mere categorical review of the matters stated in the direct examination, but the same may be employed as a means to test the truth of the evidence given in such direct examination. [State v. Myers, supra; State v. Miller, 156 Mo. l. c. 85; State v. Fisher, 162 Mo. l. c.

11910–1910

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 288.210 (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 122 (1882–2026) CA 78 (1880–2025) AR 70 (1985–2026) WA 57 (1900–2026) KS 43 (1994–2026) IL 38 (1897–2026) OH 36 (1906–2025) PA 34 (1909–2026) FL 29 (1983–2025) NJ 29 (1877–2026) TN 28 (1914–2023) MN 27 (2008–2026) AL 27 (1870–2024) CT 23 (1930–2010) IN 23 (1893–2019) MI 22 (1906–2026) NY 21 (1926–2026) MO 19 (1910–2023) MA 16 (1873–2026) CO 14 (1907–2025) WI 14 (1996–2024) OR 13 (1971–2026) GA 11 (1906–2024) IA 10 (1920–2022) HI 10 (1962–2023) DE 9 (1942–2024) UT 9 (1990–2024) WV 7 (1949–2021) NM 7 (1979–2017) NC 7 (1903–2026) WY 6 (1892–2025) DC 6 (1999–2022) MS 6 (1950–2010) SD 5 (1999–2023) NV 5 (2009–2021) VA 5 (1964–2010) LA 5 (1926–2011) KY 5 (1981–2026) ME 4 (2002–2016) ND 4 (1898–2010) MD 4 (1983–2013) NE 3 (1912–2023) NH 3 (1972–2004) SC 2 (2022–2023) VT 2 (1927–1970) VI 2 (2008–2013) ID 2 (1967–2003)

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.

← Caselaw search · G Cite Topics · Brief Check