lesser standard (Missouri) · Go Syfert
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lesser standard in Missouri

16 Missouri opinions name it 2 courts 1987–2020 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 (7)

CaseFollowedCited
Schulz v. Williamsgreen
ca2 · 1994 · cited in 1 Missouri opinions naming this issue, 2016–2016
2 sentences

2016Under this lesser standard, the Court evaluates only “whether the requirement is justified by a legitimate interest and is a reasonable way of accomplishing this goal.” Schulz v. Williams, 44 F.3d 48, 57 (2d Cir. 1994).

2016Under this lesser standard, the Court evaluates only “whether the requirement is justified by a legitimate interest and is a reasonable way of accomplishing this goal.” Schulz v, Williams, 44 F.3d 48, 57 (2d Cir. 1994).

11
J.T.P. v. P.F.green
moctapp · 2014 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016See J.T.P. v. P.F., 440 S.W.3d 497, 498, 501 (Mo.App.E.D. 2014) (The evidence did not support a change in circumstance when “[sjometime after entry of the judgment, Mother and her sons relocated to reside with her mother, step-father, and adult sister ... in [a] different school district ] but within reasonable driving distance and in the same county” as Father).

11
St. John v. Isbellgreen
moctapp · 2014 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016The trial court is entitled to broad deference in matters of custody, “and we must affirm .its -decision unless we are firmly convinced that the welfare and best interests of the child require otherwise.” Scherder v. Sonntag, 450 S.W.3d 856, 861 (Mo.App.E.D. 2014).

11
Gwendolyn Gill Caranchini v. Missouri Board of Law Examinersgreen
moctapp · 2014 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016Accordingly, we deem that any argument that the trial court erred in not finding a substantial change in circumstances sufficient to warrant modifying joint legal custody to sole legal custody has been abandoned. 5 Caranchini v. Mo. Bd. of Law Examiners, 447 S.W.3d 768, 772 (Mo.App.W.D. 2014).

11
Dresser Industries, Inc. v. Page Petroleum, Inc.green
tex · 1993 · cited in 1 Missouri opinions naming this issue, 1996–1996
2 sentences

1996See Dresser Industries, Inc. v. Page Petroleum, Inc., 853 S.W.2d 505, 509 (Tex.1993).

1996See Dresser Industries, Inc. v. Page Petroleum, Inc., 853 S.W.2d 505, 509 (Tex.1993).

11
State v. Harrisgreen
mo · 1994 · cited in 1 Missouri opinions naming this issue, 1995–1995
1 sentence

1995See State v. Harris, 870 S.W.2d 798, 811 (Mo. banc 1994), cert. denied, - U.S. -, 115 S.Ct. 371 , 130 L.Ed.2d 323 (1994).

11
Dubyak v. San Bernardino Countygreen
scotus · 1994 · cited in 1 Missouri opinions naming this issue, 1995–1995
1 sentence

1995See State v. Harris, 870 S.W.2d 798, 811 (Mo. banc 1994), cert. denied, - U.S. -, 115 S.Ct. 371 , 130 L.Ed.2d 323 (1994).

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 (16)

CaseCitedYears
Alabama v. White green
scotus · 1990
2 sentences

2018Reasonable suspicion is a lesser standard than probable cause, and "[t]he quantity and quality of the information must be considered in the 'totality of the circumstances' to determine whether reasonable suspicion exists." Id. (quoting Alabama v. White , 496 U.S. 325 , 330, 110 S.Ct. 2412 , 110 L.Ed.2d 301 (1990) ).

2018Reasonable suspicion is a lesser standard than probable cause, and "[t]he quantity and quality of the information must be considered in the 'totality of the circumstances' to determine whether reasonable suspicion exists." Id. (quoting Alabama v. White , 496 U.S. 325 , 330, 110 S.Ct. 2412 , 110 L.Ed.2d 301 (1990) ).

21997–2018
In the Interest of C.L.B. v. Juvenile Officer green
moctapp · 2000
1 sentence

2020Id.

12020–2020
State v. Barlow green
moctapp · 2018
1 sentence

2018Reasonable suspicion is a lesser standard than probable cause, and "[t]he quantity and quality of the information must be considered in the 'totality of the circumstances' to determine whether reasonable suspicion exists." Id. (quoting Alabama v. White , 496 U.S. 325 , 330, 110 S.Ct. 2412 , 110 L.Ed.2d 301 (1990) ).

12018–2018
Piedimonte v. Nissen green
moctapp · 1991
1 sentence

2016To permit section 475.030.4(2) to be employed to sever the parent-child relationship for parental conduct that at worst reflects parental neglect "arrogates the presumptive exclusive jurisdiction that the Juvenile Code reserves to the juvenile court to determine the need of a child for care and treatment because of the neglect of a parent, but without its meliorative methods."23 Piedimonte, 817 S.W.2d at 269 . support assumption of jurisdiction over a child pursuant to section 211.031 is plainly a lesser standard than "unable" or "unfit" required to negate the presumption in favor of a parent

12016–2016
cluster 1741 green
·
1 sentence

2015“Exacting scrutiny” is a lesser standard, requiring that the government establish a “'substantial relation” between the regulation and a “sufficiently important” interest. ‘ Id.

12015–2015
Illinois v. Wardlow green
scotus · 2000
2 sentences

2014Although reasonable suspicion is a lesser standard than probable cause, the Fourth Amendment requires that there exist “at least a minimal level of objective justification for- making the stop.” Illinois v. Wardlow, 528 U.S. 119, 123 , 120 S.Ct. 673 , 145 L.Ed.2d 570 (2000).

2014Although reasonable suspicion is a lesser standard than probable cause, the Fourth Amendment requires that there exist “at least a minimal level of objective justification for- making the stop.” Illinois v. Wardlow, 528 U.S. 119, 123 , 120 S.Ct. 673 , 145 L.Ed.2d 570 (2000).

12014–2014
Ohralik v. Ohio State Bar Assn. green
scotus · 1978
2 sentences

2011Id. at 562-63 , 100 S.Ct. 2343 .

2011Id. at 562-63 , 100 S.Ct. 2343 .

12011–2011
Central Hudson Gas & Electric Corp. v. Public Service Commission green
scotus · 1980
2 sentences

2011Id. at 562-63 , 100 S.Ct. 2343 .

2011Id. at 562-63 , 100 S.Ct. 2343 .

12011–2011
Gentile v. State Bar of Nev. green
scotus · 1991
2 sentences

2010Gentile, 501 U.S. 1030 , 111 S.Ct. 2720 .

2010Gentile, 501 U.S. 1030 , 111 S.Ct. 2720 .

12010–2010
State v. McDonald green
moctapp · 1999
1 sentence

2007In State v. McDonald, 10 S.W.3d 561 (Mo.App.1999), this court held that trial judges are presumed to know the law and to apply it in making their decisions, and that Judge Sweeney, also the trial judge in that case, was presumably aware of the holding of In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068, 1073 , 25 L.Ed.2d 368 (1970).

12007–2007
In Re WINSHIP green
scotus · 1970
2 sentences

2007In State v. McDonald, 10 S.W.3d 561 (Mo.App.1999), this court held that trial judges are presumed to know the law and to apply it in making their decisions, and that Judge Sweeney, also the trial judge in that case, was presumably aware of the holding of In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068, 1073 , 25 L.Ed.2d 368 (1970).

2007In State v. McDonald, 10 S.W.3d 561 (Mo.App.1999), this court held that trial judges are presumed to know the law and to apply it in making their decisions, and that Judge Sweeney, also the trial judge in that case, was presumably aware of the holding of In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068, 1073 , 25 L.Ed.2d 368 (1970).

12007–2007
Terry v. Ohio green
scotus · 1968
2 sentences

1994Certain constraints on personal liberty which are seizures for purposes of the Fourth Amendment may still be justified even though there is no showing of “probable cause,” if there is “articulable suspicion that a person has committed or is about to commit a crime.” Such a temporary detention for questioning is reviewed under the lesser standard enunciated in Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968), and is permissible because of the public interest involved in the suppression of illegal transactions in drugs or of any other serious crime.

1994Certain constraints on personal liberty which are seizures for purposes of the Fourth Amendment may still be justified even though there is no showing of “probable cause,” if there is “articulable suspicion that a person has committed or is about to commit a crime.” Such a temporary detention for questioning is reviewed under the lesser standard enunciated in Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968), and is permissible because of the public interest involved in the suppression of illegal transactions in drugs or of any other serious crime.

11994–1994
Florida v. Rodriguez green
scotus · 1984
2 sentences

1994Florida v. Rodriguez, 469 U.S. at 5 , 105 S.Ct. at 310 .

1994Florida v. Rodriguez, 469 U.S. at 5 , 105 S.Ct. at 310 .

11994–1994
United States v. Ventresca green
scotus · 1965
2 sentences

1993In State v. Rohrer, 589 S.W.2d 121 (Mo.App.1979), this court pointed to the explanation in U.S. v. Ventresca, 380 U.S. 102 , 85 S.Ct. 741 , 13 L.Ed.2d 684 (1965), regarding appropriate considerations in testing and interpreting an affidavit that undertakes to show probable cause for the issuance of a search warrant. [T]he Fourth Amendment’s commands, like all constitutional requirements, are practical and not abstract.

1993In State v. Rohrer, 589 S.W.2d 121 (Mo.App.1979), this court pointed to the explanation in U.S. v. Ventresca, 380 U.S. 102 , 85 S.Ct. 741 , 13 L.Ed.2d 684 (1965), regarding appropriate considerations in testing and interpreting an affidavit that undertakes to show probable cause for the issuance of a search warrant. [T]he Fourth Amendment’s commands, like all constitutional requirements, are practical and not abstract.

11993–1993
State v. Rohrer green
moctapp · 1979
1 sentence

1993In State v. Rohrer, 589 S.W.2d 121 (Mo.App.1979), this court pointed to the explanation in U.S. v. Ventresca, 380 U.S. 102 , 85 S.Ct. 741 , 13 L.Ed.2d 684 (1965), regarding appropriate considerations in testing and interpreting an affidavit that undertakes to show probable cause for the issuance of a search warrant. [T]he Fourth Amendment’s commands, like all constitutional requirements, are practical and not abstract.

11993–1993
In Re the Appeal in Maricopa County Juvenile Action No. J-66470 green
arizctapp · 1973
1 sentence

1987Id., 509 P.2d at 650 .

11987–1987

Where else courts name it

CA 182 (1906–2026) TX 127 (1970–2026) OH 118 (1973–2025) NY 114 (1933–2026) IL 112 (1962–2025) PA 101 (1974–2026) IN 75 (1974–2026) LA 70 (1967–2025) FL 69 (1974–2025) WA 55 (1980–2026) CT 51 (1976–2024) MI 48 (1979–2026) GA 42 (1924–2023) NJ 41 (1953–2026) MD 41 (1975–2026) DC 34 (1970–2024) MA 33 (1966–2025) VA 31 (1982–2024) AZ 29 (1977–2026) KS 27 (1977–2026) AL 22 (1979–2024) TN 21 (1989–2026) OR 20 (1969–2023) CO 19 (1979–2026) WI 18 (1925–2023) NM 17 (1975–2017) MN 17 (1980–2014) OK 17 (1962–2022) MO 16 (1987–2020) MS 16 (1987–2025) IA 15 (1974–2022) NC 14 (1958–2026) KY 13 (1964–2024) AR 12 (1983–2023) ID 12 (1980–2014) WV 12 (1979–2022) AK 12 (1977–2017) VT 12 (1975–2020) MT 11 (2005–2026) RI 11 (1983–2011) SC 10 (1989–2020) NE 10 (1982–2023) UT 9 (1929–2024) DE 9 (1973–2026) ND 9 (1990–2016) WY 9 (1990–2022) SD 6 (1979–2008) ME 6 (1981–2018) NH 6 (1980–2019) HI 5 (1984–2007) NV 5 (1997–2022)

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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