second part test (Missouri) · Go Syfert
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second part test in Missouri

17 Missouri opinions name it 2 courts 1934–2023 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 (4)

CaseFollowedCited
State v. Chambersgreen
moctapp · 2007 · cited in 1 Missouri opinions naming this issue, 2023–2023
1 sentence

2023Only if the procedure is unduly suggestive must courts continue to the second part of the test to determine whether the suggestive procedures “so tainted the identification as to lead to a substantial likelihood that the pre-trial identification was not reliable.” State v. Chambers, 234 S.W.3d 501, 513 (Mo. App. E.D. 2007).

11
State v. Bettsgreen
mo · 1983 · cited in 1 Missouri opinions naming this issue, 2019–2019
1 sentence

2019To be entitled to relief here, Appellant must demonstrate that as a result of the court’s error, he suffered a “real probability of injury.” Jd. (citing State v. Betts, 646 S.W.2d 94, 98 (Mo.bane 1983)); see also Joy y.

11
Ford v. Bi-State Development Agencygreen
moctapp · 1984 · cited in 1 Missouri opinions naming this issue, 1986–1986
1 sentence

1986Ford v. Bi-State Development Agency, 677 S.W.2d 899, 901 (Mo.App.1984).

11
Palmer v. Lasswellgreen
moctapp · 1954 · cited in 1 Missouri opinions naming this issue, 1959–1959
1 sentence

1959Respondent cites Palmer v. Lasswell, Mo. App., 267 S.W.2d 492, 496 (8) where it said “It is well established that the giving of an instruction broader than the petition, which submits in the conjunctive an additional ground for negligence or issue not essential to plaintiff’s recovery, does not constitute reversible error and that defendant will not be heard to complain thereof on appeal, since defendant is not prejudiced by plaintiff thereby having assumed an unnecessary and additional burden.” And see Henderson v. Dolas, Mo.Sup., 217 S. W.2d 554 , 557.

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 (14)

CaseCitedYears
Williams v. State green
mo · 2012
2 sentences

2013Id.

2013Id.

22013–2013
M & P Enterprises, Inc. v. Transamerica Financial Services green
mo · 1997
1 sentence

2023“Notice to a deed of trust holder must be sent by certified mail to the deed of trust beneficiary at the beneficiary’s last known address.” Glasgow, 231 S.W.3d at 204 (citing M & P Enters., 944 S.W.2d at 157 ).

12023–2023
Glasgow Enterprises, Inc. v. Kusher green
moctapp · 2007
1 sentence

2023“Notice to a deed of trust holder must be sent by certified mail to the deed of trust beneficiary at the beneficiary’s last known address.” Glasgow, 231 S.W.3d at 204 (citing M & P Enters., 944 S.W.2d at 157 ).

12023–2023
Bridges v. White green
moctapp · 2007
1 sentence

2013Id.

12013–2013
WEHRENBERG, INC. v. Director of Revenue green
mo · 2011
2 sentences

2011In Wehrenberg, Inc. v. Dir. of Revenue, 352 S.W.3d 366 (Mo. banc 2011), the only other case in which this Court has interpreted section 144.014, there was no need to reach the second part of the test.

2011Applying part one, the Court held that the products sold by Weh-renberg’s movie theater concession stands were not "products [or] types of food for which food stamps may be redeemed.’’ See Wehrenberg, 352 S.W.3d at 367 . .

12011–2011
Gaynor v. Washington University green
moctapp · 2008
2 sentences

2011After determining that Dr. Rotman and Mr. Devitre had a physician-patient relationship, the second part of the inquiry is to determine "if the `true claim' relates only to the provision of health care services." Gaynor, 261 S.W.3d at 653 .

2011After determining that Dr. Rot-man and Mr. Devitre had a physician-patient relationship, the second part of the inquiry is to determine “if the ‘true claim’ relates only to the provision of health care services.” Gaynor, 261 S.W.3d at 653 .

12011–2011
Myers v. Myers green
moctapp · 2001
1 sentence

2010Turning to the second part of our analysis, we now examine the ten factors set out in 452.335.2 and we “ ‘balance the reasonable needs of the spouse seeking maintenance with the other spouse’s ability to pay.’ ” Linton, 117 S.W.3d at 205 (quoting Myers, 47 S.W.3d at 409 ).

12010–2010
Linton v. Linton green
moctapp · 2003
1 sentence

2010Turning to the second part of our analysis, we now examine the ten factors set out in 452.335.2 and we “ ‘balance the reasonable needs of the spouse seeking maintenance with the other spouse’s ability to pay.’ ” Linton, 117 S.W.3d at 205 (quoting Myers, 47 S.W.3d at 409 ).

12010–2010
State v. White green
moctapp · 2002
2 sentences

2005“The third part of this instruction, part C, deals with matters of evidence.” Id., Note on Use 7.

2005“The second part of the instruction, part B, gives specific instructions relating to the specific case.” Id., Note on Use 5.

12005–2005
Strickland v. Washington green
scotus · 1984
2 sentences

1990That this point is difficult to explain directly leads to a conclusion that there was no prejudice as required under the second part of the test for relief as set out in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

1990That this point is difficult to explain directly leads to a conclusion that there was no prejudice as required under the second part of the test for relief as set out in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

11990–1990
Automobile Club Inter-Insurance Exchange v. Bevel green
mo · 1984
1 sentence

1988Automobile Club Inter-Insurance Exchange, 663 S.W.2d at 245 .

11988–1988
Griffin v. Doss green
moctapp · 1967
2 sentences

1984Under the second part of the test, we held in Griffin v. Doss, 411 S.W.2d 649 (Mo.App. 1967), that "in the course of employment" refers to the time, place, and circumstances under which the injuries are received.

1984Under the second part of the test, we held in Griffin v. Doss, 411 S.W.2d 649 (Mo.App.1967), that “in the course of employment” refers to the time, place, and circumstances under which the injuries are received.

11984–1984
Ramsey v. City of Brookfield green
mo · 1951
1 sentence

1978Specific intent will be found: “where it is determined that the settlor’s intent was to aid that kind of charity only in a particular way or by a particular method or means, that he intended to make no gift to that general kind of charity other than by the specified particular means, that he intended that, if the specified particular means failed, the gift failed, and that the corpus of the trust estate could no longer be used for the general type or kind of charity he desired to assist.” Ramsey v. City of Brookfield, 237 S.W.2d at 146 .

11978–1978
McCloskey Ex Rel. McCloskey v. Koplar green
mo · 1932
2 sentences

1934It tells the jury that the showing made by plaintiff, which we have held suffices to make the doctrine applicable as a substitute for specific proof of negligence thereby raising a presumption or inference of negligence on the part of defendant, is `not sufficient to warrant a verdict for plaintiff.' While the plaintiff must show by the greater weight of the evidence that the injury complained of resulted from defendant's negligence (McCloskey v. Koplar, 329 Mo. 527 , 46 S.W.2d 557 ), the second part of the instruction, read in connection with that which precedes impliedly, if not directly, te

1934It tells the jury that the showing made by plaintiff, which we have held suffices to make the doctrine applicable as a substitute for specific proof of negligence thereby raising a presumption or inference of negligence on the part of defendant, is `not sufficient to warrant a verdict for plaintiff.' While the plaintiff must show by the greater weight of the evidence that the injury complained of resulted from defendant's negligence (McCloskey v. Koplar, 329 Mo. 527 , 46 S.W.2d 557 ), the second part of the instruction, read in connection with that which precedes impliedly, if not directly, te

11934–1934

Where else courts name it

PA 597 (1944–2026) TX 178 (1954–2026) IL 85 (1937–2026) CA 81 (1947–2026) OH 76 (1983–2026) WA 59 (1929–2026) NM 50 (1977–2025) GA 48 (1981–2026) FL 39 (1969–2024) WI 39 (1984–2026) IN 38 (1985–2025) UT 38 (1989–2026) NJ 35 (1988–2025) CT 32 (1965–2024) MA 30 (1975–2024) OR 29 (1978–2022) KS 28 (1997–2025) NY 28 (1985–2023) MI 28 (1968–2022) MS 24 (1969–2023) MN 21 (1986–2024) IA 21 (1984–2025) TN 20 (1914–2026) NC 20 (1988–2020) MT 20 (1960–2016) NH 19 (1973–2024) RI 18 (1984–2014) MD 17 (1988–2025) MO 17 (1934–2023) ID 15 (1975–2025) SD 14 (1975–2015) LA 14 (1941–2023) VA 13 (1972–2025) ME 13 (1987–2021) CO 13 (1973–2026) DC 11 (1982–2024) WY 10 (1988–2018) AL 9 (1976–2016) AZ 9 (1985–2004) WV 8 (1929–2024) HI 8 (1998–2020) AR 8 (1991–2015) KY 6 (1999–2025) ND 6 (1999–2015) VT 6 (1987–2026) NE 6 (1996–2019) DE 6 (1997–2026) OK 5 (1992–2025) AK 5 (1994–2020) NV 5 (1994–2025) SC 4 (2006–2022)

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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