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

16 Missouri opinions name it 1 courts 1988–2025 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 (6)

CaseFollowedCited
Gamble v. Browninggreen
moctapp · 2012 · cited in 1 Missouri opinions naming this issue, 2019–2019
1 sentence

2019That being said, this specific issue was not before the trial court and we cannot “convict the trial court of reversible error based on the admission of evidence . . . [as] to which no objections were made,” or where the “argument [ ] on appeal [is] materially different from the objection [ ] … raised at trial.” Gamble v. Browning, 379 S.W.3d 194, 204-05 (Mo. App. 2012).6 The circuit court did not abuse its discretion in allowing Exhibit RR.

11
N.J.S v. K.S.green
moctapp · 2019 · cited in 1 Missouri opinions naming this issue, 2019–2019
2 sentences

2019On June 11, 2019, the trial court entered its findings of fact, conclusions of law, and judgment denying Thomas’s motion to retax costs, and determining that Thomas was not entitled to a refund of the $372.00 that he paid to Scotland County and still owed a balance of $774.19 for the assessed courts costs.3 Acknowledging the recent holding from our Court in State v. Boston, 572 S.W.3d 160 (Mo. App. E.D. 2019), in which we held that a county to which a 2 Thomas also filed a “Petition in Mandamus and Motion for Civil Judgment” in the Circuit Court of Scotland County on November 2, 2018, in which

2019See Boston, 572 S.W.3d at 163 ; Carter, 518 S.W.3d at 800 .

11
Dixon v. Thompsongreen
moctapp · 2007 · cited in 1 Missouri opinions naming this issue, 2010–2010
1 sentence

2010Dixon v. Thompson, 235 S.W.3d 568, 574 (Mo.App.2007).

11
Care & Treatment of Thomas v. Stategreen
mo · 2002 · cited in 1 Missouri opinions naming this issue, 2005–2005
2 sentences

2005In light of Thomas , this Court “determined] that the judgment of the trial court should be reversed and the cause remanded to allow the State the opportunity to present evidence and make a submissible case under the Thomas standard.” Id. at 416; see also Thomas, 74 S.W.3d at 791-92 .

2005In light of Thomas , this Court “determined] that the judgment of the trial court should be reversed and the cause remanded to allow the State the opportunity to present evidence and make a submissible case under the Thomas standard.” Id. at 416; see also Thomas, 74 S.W.3d at 791-92 .

11
Jungerman v. City of Raytowngreen
mo · 1996 · cited in 1 Missouri opinions naming this issue, 2002–2002
1 sentence

2002Jungerman v. City of Raytown, 925 S.W.2d 202, 204 (Mo. banc 1996).

11
Helfenbein v. Helfenbeingreen
moctapp · 1994 · cited in 1 Missouri opinions naming this issue, 1998–1998
2 sentences

1998“Past due support payments owed by a former husband to the former wife pursuant to a court order for support payments constitute a debt so that accrued and unpaid installments become judgments in favor of former wife.” Helfenbein v. Helfenbein, 871 S.W.2d 131, 134 (Mo.App.

1998"Past due support payments owed by a former husband to the former wife pursuant to a court order for support payments constitute a debt so that accrued and unpaid installments become judgments in favor of former wife." Helfenbein v. Helfenbein, 871 S.W.2d 131, 134 (Mo.App.

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
Love v. State green
moctapp · 2002
2 sentences

2003Id.

2003Id.

22003–2003
In Re the Treatment & Care of Luckabaugh green
sc · 2002
2 sentences

2003Following the reversal and remand for a new trial, we encourage the trial court to make a specific finding in line with the Thomas standard; however, we agree with the analysis from the South Carolina Supreme Court where it did not accept that Crane mandated a court to make a separate and specific lack of control determination, “only that a court must determine the individual lacks control while looking at the totality of the evidence.” Luckabaugh, 568 S.E.2d at 348 .

2003Following the reversal and remand for a new trial, we encourage the trial court to make a specific finding in line with the Thomas standard; however, we agree with the analysis from the South Carolina Supreme Court where it did not accept that Crane mandated a court to make a separate and specific lack of control determination, “only that a court must determine the individual lacks control while looking at the totality of the evidence.” Luckabaugh, 568 S.E.2d at 348 .

22003–2003
Thomas v. State green
moctapp · 1987
2 sentences

1988Thomas, 736 S.W.2d at 519 .

1988Thomas, 736 S.W.2d at 519 .

21988–1988
Brady v. Maryland green
scotus · 1963
1 sentence

2025This appeal follows. 3 Brady v. Maryland, 373 U.S. 83 (1963). 3 Standard of Review Appellate court review of denial of post-conviction relief is limited to determining whether the findings and conclusions of the motion court are clearly erroneous.

12025–2025
Spicer v. Donald N. Spicer Revocable Living Trust green
mo · 2011
1 sentence

2023Spicer, 336 S.W.3d at 471 . 6 Thomas’s motion to dismiss is granted.

12023–2023
State ex rel. Merrell v. Carter green
mo · 2017
1 sentence

2019See Boston, 572 S.W.3d at 163 ; Carter, 518 S.W.3d at 800 .

12019–2019
State of Missouri v. George Richey, and State of Missouri v. John B. Wright green
mo · 2019
1 sentence

2019On June 11, 2019, the trial court entered its findings of fact, conclusions of law, and judgment denying Thomas’s motion to retax costs, and determining that Thomas was not entitled to a refund of the $372.00 that he paid to Scotland County and still owed a balance of $774.19 for the assessed courts costs.3 Acknowledging the recent holding from our Court in State v. Boston, 572 S.W.3d 160 (Mo. App. E.D. 2019), in which we held that a county to which a 2 Thomas also filed a “Petition in Mandamus and Motion for Civil Judgment” in the Circuit Court of Scotland County on November 2, 2018, in which

12019–2019
State of Missouri v. Sylvester Porter green
mo · 2014
1 sentence

2015Porter, 439 S.W.3d at 211 .

12015–2015
Crider v. Barnes-Jewish St. Peters Hospital, Inc. green
moctapp · 2012
1 sentence

2014In Crider , this Court addressed the difference between lack of consent and manner of consent when determining whether a plaintiffs true claim is for medical negligence. 363 S.W.3d at 131 .

12014–2014
ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp. green
mo · 1993
1 sentence

2000Id.

12000–2000
Craig v. Iowa Kemper Mutual Insurance Co. green
moctapp · 1978
1 sentence

1993In its order, the trial court held that an insured plaintiff could not “maintain a claim for ‘vexatious refusal’ in an uninsured motorist case until there is an adjudication that the alleged uninsured motorist is in fact liable to the plaintiff.” The trial court cited Craig v. Iowa Kemper Mutual Insurance Co., 565 S.W.2d 716 (Mo.App.1978), in support of its judgment.

11993–1993

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 632.480 (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

CA 55 (1983–2026) TX 52 (1982–2025) OH 46 (1998–2025) GA 40 (1976–2024) AL 24 (1965–2025) IL 23 (1985–2025) FL 22 (1980–2019) PA 20 (1975–2023) IN 20 (1978–2025) MS 18 (1986–2025) WA 17 (1982–2025) MI 16 (1986–2023) MO 16 (1988–2025) MD 15 (1976–2023) NY 12 (1972–2014) CO 11 (1974–2026) KS 9 (1988–2025) LA 8 (1998–2021) VA 8 (1992–2024) OK 7 (1995–2014) DC 7 (2000–2026) AK 7 (1977–2024) ID 6 (1994–2025) DE 6 (2015–2023) KY 6 (2000–2025) NE 6 (2019–2026) TN 5 (2000–2024) SC 5 (1994–2016) WV 5 (1977–1997) VI 4 (2012–2016) WI 4 (2000–2025) UT 4 (1999–2025) AR 4 (2007–2025) NV 4 (2010–2019) IA 3 (2018–2024) MT 3 (1991–2020) ME 3 (2022–2025) MN 3 (1986–2017) MA 3 (1993–2009) AZ 3 (1996–2015) WY 2 (1984–2022)

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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