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16 Missouri opinions name it 2 courts 1976–2018 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.
| Case | Followed | Cited |
|---|---|---|
Board of Education of Covington v. Graygreen1 sentence2018Even without the express admission-disclaimer language, an agreement resolving the citations is not conclusive evidence in the workers' compensation action. "[A]n adjudicative determination by an administrative tribunal does not preclude relitigation in another tribunal of the same or a related claim based on the same transaction if the scheme of remedies permits assertion of the second claim notwithstanding the adjudication of the first claim." Berrier v. Bizer, 57 S.W.3d 271 , 280 (Ky. 2001) (quoting *683 Restatement (Second) of Judgments § 83(3) (A.L.I. 1982) ); accord Board of Education of | 1 | 1 |
Berrier v. Bizergreen2 sentences2018Even without the express admission-disclaimer language, an agreement resolving the citations is not conclusive evidence in the workers' compensation action. "[A]n adjudicative determination by an administrative tribunal does not preclude relitigation in another tribunal of the same or a related claim based on the same transaction if the scheme of remedies permits assertion of the second claim notwithstanding the adjudication of the first claim." Berrier v. Bizer, 57 S.W.3d 271 , 280 (Ky. 2001) (quoting *683 Restatement (Second) of Judgments § 83(3) (A.L.I. 1982) ); accord Board of Education of 2018Even without the express admission-disclaimer language, an agreement resolving the citations is not conclusive evidence in the workers' compensation action. "[A]n adjudicative determination by an administrative tribunal does not preclude relitigation in another tribunal of the same or a related claim based on the same transaction if the scheme of remedies permits assertion of the second claim notwithstanding the adjudication of the first claim." Berrier v. Bizer, 57 S.W.3d 271 , 280 (Ky. 2001) (quoting *683 Restatement (Second) of Judgments § 83(3) (A.L.I. 1982) ); accord Board of Education of | 1 | 1 |
Miller v. Alabamagreen1 sentence2017Carr, 527 S.W.3d at 59 -60 (citing Miller, 132 S.Ct. at 2463, 2475 ). | 1 | 1 |
Carondelet Savings & Loan Ass'n v. Boyergreen2 sentences2010In Carondelet Savings & Loan As sociation v. Boyer, 645 S.W.2d 24, 27 (Mo.App.1982), the reviewing court was asked to rule on findings of fact that "purported to pass on the legal rights of a non-party.” That court declined to review the findings, because the trial court's "volunteered expressions of opinion” could "form no basis for collateral estoppel or res judicata." Id. 2010In Carondelet Savings & Loan As sociation v. Boyer, 645 S.W.2d 24, 27 (Mo.App.1982), the reviewing court was asked to rule on findings of fact that "purported to pass on the legal rights of a non-party.” That court declined to review the findings, because the trial court's "volunteered expressions of opinion” could "form no basis for collateral estoppel or res judicata." Id. | 1 | 1 |
Superior Gearbox Co. v. Edwardsgreen1 sentence2007We also consider a related rule of law, that “ ‘[i]n every contract of employment[,] it is implied that the employee will obey the lawful and reasonable rules, orders and instructions of the employer[.]’ ” Superior Gearbox Co. v. Edwards, 869 S.W.2d 239, 244 (Mo.App.1993). | 1 | 1 |
Crews v. Stategreen1 sentence2004None of the findings of fact set forth by the court related to that claim, and the motion court did not make any conclusions of law related to § 217.362. “ Were this court to furnish the necessary findings and conclusions, review would be impliedly de novo and impermissible in face of the unequivocal mandate of the rule.’ ” Crews v. State, 7 S.W.3d 563, 569 (Mo.App. | 1 | 1 |
Burton v. Stategreen1 sentence2004E.D.1999) (quoting Burton v. State, 895 S.W.2d 648, 649 (Mo.App. | 1 | 1 |
Craig v. Thompsongreen1 sentence1993Stated another way, “[i]n every contract of employment it is implied that the employee will obey the lawful and reasonable rules, orders and instructions of the employer, and disobedience of such known rales justify the employee’s discharge.” Craig v. Thompson, 244 S.W.2d 37, 41 (Mo. banc 1951). | 1 | 1 |
State v. Kellygreen1 sentence1976State v. Kelly, 365 S.W.2d 602, 606 (Mo.1963); State v. Le Beau, 306 S.W.2d 482 (Mo.1957). | 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. Conley
green
2 sentences1994However, the Court in Bernard went on to recognize a related exception known as the ‘signature modus operandi /corroboration exception.’ That exception, similar to the identity exception, authorized evidence of an uncharged crime if the offenses are nearly identical and their methodology so unusual and distinctive that they amount to a signature of the defendant involved in both crimes.” Conley, 873 S.W.2d at 236 . 1994However, the Court in Bernard went on to recognize a related exception known as the ‘signature modus operemcfó/eorroboration exception.’ Id. | 2 | 1994–1994 |
State ex rel. Carr v. Wallace
green
2 sentences2017Carr, 527 S.W.3d at 59-60 . ' The Missouri Súpreme ■ Court then explained that in Miller, the U.S. Supreme Court held sentencing schemes mandating life imprisonment without the possibility of parole for juvenile offenders, without any consideration of the offender’s age, age-related characteristics, or nature of the underlying crimes, are unconstitutional under the Eighth Amendment’s prohibition of cruel and unusual punishment and the amendment’s related requirement that the punishment for an offense be proportional to both the offender and the crime. 2017Carr, 527 S.W.3d at 59 -60 (citing Miller, 132 S.Ct. at 2463, 2475 ). | 1 | 2017–2017 |
In the Interest of: S.F.M.D. Juvenile Officer v. F.D. (Father) R.R. (Mother)
green
1 sentence2015Therein, the parents argued that because Nurse Practitioner Amy Ter-reros’s testimony was not based on sufficient evidence or reliable data, and her opinions were only offered in terms of possibility, the trial court erred in admitting expert medical testimony from Térre-ros regarding the existence of rib fractures on x-rays, the possible age of such fractures, and the possible causes of such fractures, In re S.F.M.D., 447 S.W.3d at 765-766 . | 1 | 2015–2015 |
State v. Blakey
green
1 sentence2011A related exception is recognized for evidence of un *105 charged misconduct that is part of the circumstances or the sequence of events surrounding the offense charged, or the “res gestae.” Blakey, 203 S.W.3d at 812 . | 1 | 2011–2011 |
Wilkinson v. State
green
2 sentences2009The other was a related rule concerning the "credentials of religious leaders." Id. 2009The other was a related rule concerning the "credentials of religious leaders.” Id. | 1 | 2009–2009 |
State v. Beckerman
green
1 sentence2002The motion court relied on State v. Beckerman, 914 S.W.2d 861 (Mo.App. 1996) and State v. Lay, 896 S.W.2d 693 (Mo. App.1995), to hold that such a claim, i.e., trial counsel failed to adequately preserve the issue for direct appeal, was not cognizable in a post-conviction case. | 1 | 2002–2002 |
State v. Lay
green
1 sentence2002The motion court relied on State v. Beckerman, 914 S.W.2d 861 (Mo.App. 1996) and State v. Lay, 896 S.W.2d 693 (Mo. App.1995), to hold that such a claim, i.e., trial counsel failed to adequately preserve the issue for direct appeal, was not cognizable in a post-conviction case. | 1 | 2002–2002 |
In the Interest of P.W.K.
green
1 sentence1996The trial court relied upon In the Interest of P.W.K, 815 S.W.2d 95 (Mo.App.1991) as the basis of the finding of abandonment. | 1 | 1996–1996 |
State v. Bernard
green
1 sentence1995Id. at 13 . | 1 | 1995–1995 |
Jones v. State Highway Commission
green
1 sentence1985Section 537.600 RSMo 1978 expressly relates only to tort immunity as recognized at common law prior to September 12, 1977, the decision day of Jones v. State Highway Commission, 557 S.W.2d 225 (Mo. banc 1977). | 1 | 1985–1985 |
State v. Le Beau
green
1 sentence1976State v. Kelly, 365 S.W.2d 602, 606 (Mo.1963); State v. Le Beau, 306 S.W.2d 482 (Mo.1957). | 1 | 1976–1976 |
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.