17 Missouri opinions name it 2 courts 1978–2021 1 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.
| Case | Followed | Cited |
|---|---|---|
State v. Higginsgreen2 sentences2012Even were we to conclude that the identification was impermissibly suggestive and proceed to the second prong of the pretrial identification analysis — the reliability test per State v. Higgins, 592 S.W.2d 151, 159 (Mo. banc 1979) — we would additionally conclude that Powers’s identification of Bush was reliable, in that: (1) Powers observed Bush on three separate instances in her brief encounter with Bush (sharing cigarettes and a lighter, Bush's inquiry for money, and Bush fleeing from Powers after snatching her purse); (2) Powers was attentive enough to recall Bush’s clothing, clothing colo 1984State v. Higgins, 592 S.W.2d 151, 160 [13, 14] (Mo. banc 1979), sets forth these factors to be considered for assessment of the reliability standard which are here related to the evidence by the use of parentheses: (1) The opportunity of the witness to view the criminal at the time of the crime. | 2 | 2 |
State v. Churchillgreen1 sentence2020In a case involving similar expert 1 See generally State v. Churchill, 98 S.W.3d 536, 539 (Mo. 2003); Suttles, 581 S.W.3d at 148–49; State v. Ferguson, 568 S.W.3d 533 , 543–44 (Mo. App. E.D. 2019). 8 testimony concerning delayed disclosure of childhood sexual abuse, the Eastern District in Suttles emphasized that, Testimony is reliable under Section 490.065.2 if it is based on sufficient facts or data, reliable principles and methods and reliable application thereof. | 1 | 1 |
State v. Cartergreen1 sentence2009Even if the challenged evidence was inadmissible, “[u]nder most circumstances, a trial court acts within its discretion and cures error in the admission of evidence by withdrawing the improper evidence and instructing the jury to disregard it, rather than declaring a mistrial.” State v. Carter, 71 S.W.3d 267, 271 (Mo.App. | 1 | 1 |
State v. DeCluegreen1 sentence2008State v. DeClue, 128 S.W.3d 864, 869 (Mo.App.2004). | 1 | 1 |
State v. Redmangreen2 sentences2004See Red-man, 916 S.W.2d at 792 . 2004See Redman, 916 S.W.2d at 792 . | 1 | 1 |
Lasley v. Director of Revenuegreen1 sentence2003See Lasley v. Dir. of Revenue, 17 S.W.3d 174, 177 (Mo.App. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Wright
green
1 sentence2021Gardner, 562 S.W.3d at 319 ) (internal quotation omitted). | 1 | 2021–2021 |
Hartmann v. DJS/CMS, Inc.
green
1 sentence2020“The same principles we use to interpret statutes apply to our interpretation of administrative rules and regulations.” Marquart v. Dir. of Revenue, 549 S,W,3d 56, 59 (Mo. App. E.D. 2018) (citing Bartholomew, 462 S.W.3d at 470 ). | 1 | 2020–2020 |
State of Missouri v. Orlando Kim Ferguson II
green
1 sentence2020In a case involving similar expert 1 See generally State v. Churchill, 98 S.W.3d 536, 539 (Mo. 2003); Suttles, 581 S.W.3d at 148–49; State v. Ferguson, 568 S.W.3d 533 , 543–44 (Mo. App. E.D. 2019). 8 testimony concerning delayed disclosure of childhood sexual abuse, the Eastern District in Suttles emphasized that, Testimony is reliable under Section 490.065.2 if it is based on sufficient facts or data, reliable principles and methods and reliable application thereof. | 1 | 2020–2020 |
State v. Floyd
green
1 sentence2015Floyd, 347 S.W.3d at 125 . | 1 | 2015–2015 |
Martin v. DIRECTOR OF REVENUE OF MISSOURI
green
1 sentence2015Id. at 857 . | 1 | 2015–2015 |
United States v. Melvin Telfaire
green
1 sentence2012Notably, though United States v. Telfaire, 469 F.2d 552 (D.C.Cir.1972), was decided four decades ago, the Missouri Supreme Court has never adopted a jury instruction similar in length, argument, or substance to that of Eighth Circuit Pattern Instruction 4.08; and though Bush would like for this court to create a mandated Telfaire-like instruction via judicial construct, that is not our role or function in the courts of the state of Missouri. | 1 | 2012–2012 |
York v. Director of Revenue
green
1 sentence2007Id. at 272 . | 1 | 2007–2007 |
State v. Glover
green
1 sentence2007Failing to establish that the police procedures were unduly suggestive, as stated above, review of the reliability factors is unnecessary because “the factors considered in the reliability prong of the test go to the weight of the identification and not to their admissibility.” Id. at 363-64 . | 1 | 2007–2007 |
State Ex Rel. MacK v. Purkett
green
1 sentence2004Similarly, with respect to witnesses, the due process right to confrontation at a parole revocation hearing is less stringent than the confrontation guarantee in a criminal trial. 825 S.W.2d at 855 . | 1 | 2004–2004 |
Shine v. Director of Revenue
green
2 sentences1999This is readily apparent from the court’s statements in support of its decision that: (1) “at trial Shine did not raise any question as to the accuracy of the test, the qualification of the officer, or the proper functioning of the machine”; Shine, 807 S.W.2d at 162 , and (2) the “testing process is a procedural requirement to insure accurate results.” Id. at 163 . 1999This is readily apparent from the court’s statements in support of its decision that: (1) “at trial Shine did not raise any question as to the accuracy of the test, the qualification of the officer, or the proper functioning of the machine”; Shine, 807 S.W.2d at 162 , and (2) the “testing process is a procedural requirement to insure accurate results.” Id. at 163 . | 1 | 1999–1999 |
Brush v. Commonwealth
green
2 sentences1988Id., 136 S.E.2d at 867 . 1988Id., 136 S.E.2d at 867 . | 1 | 1988–1988 |
State v. Davis
green
1 sentence1978The alternative approach first requires the presence of an independent basis of identification, which is determined by considering the reliability factors enumerated in Big-gers, supra. State v. Davis, 529 S.W.2d 10 [5, 6] (Mo.App.1975). | 1 | 1978–1978 |
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.
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.