15 Missouri opinions name it 2 courts 1878–2018 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 |
|---|---|---|
State v. Griffingreen2 sentences1999Defendant also invites us to re-examine State v. Griffin wherein this Court upheld the constitutionality of our instruction on reasonable doubt. 848 S.W.2d 464, 469 (Mo. banc 1993). 1994Defendant’s last contention questions the constitutionality of the jury instruction patterned after MAI-CR3D 302.04 equating reasonable doubt with “firmly convinced.” Small acknowledges the Missouri Supreme Court, in State v. Griffin, 848 S.W.2d 464, 469 (Mo. banc 1993), upheld the constitutionality of this instruction. | 3 | 3 |
Farm Bureau Town & Country Insurance Co. v. Angoffgreen1 sentence2010In Farm Bureau Town, & County Insurance Co. of Missouri v. Angoff, 909 S.W.2d 348, 353 (Mo. banc 1995), the Supreme Court concluded that a declaratory judgment action to determine the constitutionality of a statute regulating the insurance industry was premature as the constitutionality claim was necessarily mixed with other claims involving construction and violation of the statute. | 1 | 1 |
Douglas v. Thompsongreen1 sentence1996Douglas v. Thompson, 286 S.W.2d 833, 834-35 (Mo.1956); Mahoney v. Doerhoff Surgical Sers., Inc., 807 S.W.2d 503, 506 (Mo. banc 1991) (where a case was dismissed without prejudice for failure to file an affidavit required by § 538.225 RSMo 1986 and the court held that the plaintiff could test the constitutionality of the requirement of an affidavit by appealing even though the dismissal was without prejudice); see also Dillaplain v. Lite Industries, Inc., 788 S.W.2d 530 (Mo.App.1990) (order quashing service and dismissing action on ground that the defendant was not subject to process in Missour | 1 | 1 |
Mahoney v. Doerhoff Surgical Services, Inc.green1 sentence1996Douglas v. Thompson, 286 S.W.2d 833, 834-35 (Mo.1956); Mahoney v. Doerhoff Surgical Sers., Inc., 807 S.W.2d 503, 506 (Mo. banc 1991) (where a case was dismissed without prejudice for failure to file an affidavit required by § 538.225 RSMo 1986 and the court held that the plaintiff could test the constitutionality of the requirement of an affidavit by appealing even though the dismissal was without prejudice); see also Dillaplain v. Lite Industries, Inc., 788 S.W.2d 530 (Mo.App.1990) (order quashing service and dismissing action on ground that the defendant was not subject to process in Missour | 1 | 1 |
Dillaplain v. Lite Industries, Inc.green1 sentence1996Douglas v. Thompson, 286 S.W.2d 833, 834-35 (Mo.1956); Mahoney v. Doerhoff Surgical Sers., Inc., 807 S.W.2d 503, 506 (Mo. banc 1991) (where a case was dismissed without prejudice for failure to file an affidavit required by § 538.225 RSMo 1986 and the court held that the plaintiff could test the constitutionality of the requirement of an affidavit by appealing even though the dismissal was without prejudice); see also Dillaplain v. Lite Industries, Inc., 788 S.W.2d 530 (Mo.App.1990) (order quashing service and dismissing action on ground that the defendant was not subject to process in Missour | 1 | 1 |
State v. Clarkgreen1 sentence1995Hanson , however, involved the application of Rule 27.26(b)(3) which specifically provided that “trial errors affecting constitutional rights may be raised even though the error could have been raised on appeal.” In State v. Clark, 859 S.W.2d 782, 789 (Mo.App.E.D.1993), a Rule 29.15 motion alleging a violation of due process by the trial court was denied on the basis that it was an allegation of trial court error which should have been raised on direct appeal. | 1 | 1 |
Hanson v. Stategreen1 sentence1995The motion court found that it was a matter for appeal; Defendant had not raised the constitutionality of the instruction at trial or in his motion for new trial; and that if the court were to vacate the conviction based on the giving of that instruction, “the result would be to allow post-conviction proceedings to be used as a substitute for appeal.” Defendant notes that Rule 29.15(a) provides that “[a] person convicted of a felony after trial claiming that the conviction or sentence imposed violate the constitution and laws of this state or the constitution of the United States ... may seek | 1 | 1 |
Harford County v. Schultzgreen2 sentences1995In a situation even more analogous to the instant case, Harford County v. Schultz, 280 Md. 77 , 371 A.2d 428, 429 (1977), specifically held that no case or controversy arose where the plaintiff attacked the validity of a provision of a county charter and the nominal defendant took no position as to the validity of the provision. 1995In a situation even more analogous to the instant case, Harford County v. Schultz, 280 Md. 77 , 371 A.2d 428, 429 (1977), specifically held that no case or controversy arose where the plaintiff attacked the validity of a provision of a county charter and the nominal defendant took no position as to the validity of the provision. | 1 | 1 |
International Products Corporation v. Koonsgreen2 sentences1979We accept as a proper statement of law the pro *719 nouncement in International Products Corp. v. Koons, 325 F.2d 403 (2nd Cir. 1963), that “we entertain no doubt as to the constitutionality of a rule allowing a court to forbid the publicizing, in advance of trial, of information obtained by one party from another by use of the court's processes,” id. at 407. 1979We accept as a proper statement of law the pro *719 nouncement in International Products Corp. v. Koons, 325 F.2d 403 (2nd Cir. 1963), that “we entertain no doubt as to the constitutionality of a rule allowing a court to forbid the publicizing, in advance of trial, of information obtained by one party from another by use of the court's processes,” id. at 407. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hawkins v. Sunmark Industries, Inc.
green
1 sentence2018The constitutionality of this rule was challenged in Hawkins v. Sunmark Indus., Inc., in which this Court held: for reasons of public policy, our rule is that firemen are required to assume the ordinary risks of their employment, a dangerous occupation, to the extent necessary to serve the public purpose of fire control, and this means providing the Fireman's Rule as a defense for those who are the owners or occupiers of the property he is employed to protect. 727 S.W.2d 397 , 400 (Ky. 1986). | 1 | 2018–2018 |
Fletcher v. Illinois Central Gulf Railroad
green
1 sentence2018The Rule was expanded by the Court of Appeals to include police officers in Fletcher v. Illinois Central Gulf Railroad Co., 679 S.W.2d 240 (Ky. App. 1984). | 1 | 2018–2018 |
Kilmer v. Hui Chan Mun
green
1 sentence2002Id. at 545-546 . | 1 | 2002–2002 |
Siampos v. Blue Cross & Blue Shield of Missouri
green
1 sentence1996Douglas v. Thompson, 286 S.W.2d 833, 834-35 (Mo.1956); Mahoney v. Doerhoff Surgical Sers., Inc., 807 S.W.2d 503, 506 (Mo. banc 1991) (where a case was dismissed without prejudice for failure to file an affidavit required by § 538.225 RSMo 1986 and the court held that the plaintiff could test the constitutionality of the requirement of an affidavit by appealing even though the dismissal was without prejudice); see also Dillaplain v. Lite Industries, Inc., 788 S.W.2d 530 (Mo.App.1990) (order quashing service and dismissing action on ground that the defendant was not subject to process in Missour | 1 | 1996–1996 |
Wentzville Public School District v. Paulson
green
2 sentences1995Dist. v. Paulson, 699 S.W.2d 132 (Mo.App.1985), applied this principle in holding that no bona fide controversy exists between two parties where they do not make opposing contentions about the meaning of a statute, but rather "both seek only an interpretation of [it]." Id. at 134 . [1] *33 I believe, however, that sufficient adversity was created by the fact that, even though the Board declined to defend the constitutionality of the exception, it specifically refused to place Crestwood's tax proposition on the ballot unless ordered to do so by the court. [2] Thus, in the absence of an order fr 1995Dist. v. Paulson, 699 S.W.2d 132 (Mo.App.1985), applied this principle in holding that no bona fide controversy exists between two parties where they do not make opposing contentions about the meaning of a statute, but rather "both seek only an interpretation of [it]." Id. at 134 . [1] *33 I believe, however, that sufficient adversity was created by the fact that, even though the Board declined to defend the constitutionality of the exception, it specifically refused to place Crestwood's tax proposition on the ballot unless ordered to do so by the court. [2] Thus, in the absence of an order fr | 1 | 1995–1995 |
Cage v. Louisiana
green
2 sentences1993The constitutionality of this instruction has been challenged countless times and found to be within the confines of Cage v. Louisiana, 498 U.S. 39 , 111 S.Ct. 328 , 112 L.Ed.2d 339 (1990). 1993The constitutionality of this instruction has been challenged countless times and found to be within the confines of Cage v. Louisiana, 498 U.S. 39 , 111 S.Ct. 328 , 112 L.Ed.2d 339 (1990). | 1 | 1993–1993 |
State v. Antwine
green
2 sentences1993In State v. Antwine, 743 S.W.2d 51 (Mo. banc 1987), the Missouri Supreme Court said that “firmly convinced” is essentially synonymous with “beyond a reasonable doubt.” Id. at 63 . 1993In State v. Antwine, 743 S.W.2d 51 (Mo. banc 1987), the Missouri Supreme Court said that “firmly convinced” is essentially synonymous with “beyond a reasonable doubt.” Id. at 63 . | 1 | 1993–1993 |
Day v. State
green
1 sentence1989The constitutionality of this rule was up held by the Missouri Supreme Court in Day v. State, 770 S.W.2d 692 (Mo. banc 1989). | 1 | 1989–1989 |
State v. Toliver
green
1 sentence1978State v. Toliver, 544 S.W.2d 565 (Mo. banc 1976). | 1 | 1978–1978 |
City of St. Louis v. Cook
green
1 sentence1973Louis v. Cook, 221 S.W.2d 468 (Mo.1949). | 1 | 1973–1973 |
State ex rel. North Missouri Central Railroad v. Linn County Court
neutral
1 sentence1878I am not aware of any case in this State which places a construction upon this provision of the constitution, different from that here given it* Neither in the case of the State v. Linn County, 44 Mo. 504 , nor in any of the numerous eases which have subse quently been before this court, involving the validity of railroad subscriptions by municipal townships, under the act of 1868, was the constitutionality of the clause of that act, now under consideration discussed or decided. | 1 | 1878–1878 |
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.