prompt hearing in Missouri

15 Missouri opinions name it 2 courts 1940–2023 1 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 (9)

Case	Followed	Cited
State v. Neffgreen mo · 1998 · cited in 2 Missouri opinions naming this issue, 2019–2023 2 sentences 2023Finally, the Court directed appellate courts to “consider the comment in the context in which it appears” while recognizing “[t]he prejudicial impact of such a statement is a matter within the sound discretion of the trial court and a prompt instruction by the trial court to the jury to disregard the comment may cure any error in a particular case.” Id. at 345. 2019"The prejudicial impact of such a statement is a matter within the sound discretion of the trial court and a prompt instruction by the trial court to the jury to disregard the comment may cure any error in a particular case." Id.	1	2
State v. Hutchinsongreen mo · 1970 · cited in 1 Missouri opinions naming this issue, 1998–1998 2 sentences 1998“The prejudicial impact of such a statement is a matter within the sound discretion of the trial court and a prompt instruction by the trial court to the jury to disregard the comment may cure any error in a particular case.” Id.; see also Hutchinson, 458 S.W.2d at 556 (Mo. banc 1970); State v. Tiedt, 360 Mo. 594 , 229 S.W.2d 582, 588 (1950). 1998"The prejudicial impact of such a statement is a matter within the sound discretion of the trial court and a prompt instruction by the trial court to the jury to disregard the comment may cure any error in a particular case." Id.; see also Hutchinson, 458 S.W.2d at 556 (Mo. banc 1970); State v. Tiedt, 360 Mo. 594 , 229 S.W.2d 582, 588 (1950).	1	1
State v. Tiedtgreen mo · 1950 · cited in 1 Missouri opinions naming this issue, 1998–1998 2 sentences 1998“The prejudicial impact of such a statement is a matter within the sound discretion of the trial court and a prompt instruction by the trial court to the jury to disregard the comment may cure any error in a particular case.” Id.; see also Hutchinson, 458 S.W.2d at 556 (Mo. banc 1970); State v. Tiedt, 360 Mo. 594 , 229 S.W.2d 582, 588 (1950). 1998“The prejudicial impact of such a statement is a matter within the sound discretion of the trial court and a prompt instruction by the trial court to the jury to disregard the comment may cure any error in a particular case.” Id.; see also Hutchinson, 458 S.W.2d at 556 (Mo. banc 1970); State v. Tiedt, 360 Mo. 594 , 229 S.W.2d 582, 588 (1950).	1	1
State v. Martingreen moctapp · 1981 · cited in 1 Missouri opinions naming this issue, 1984–1984 1 sentence 1984State v. Martin, 624 S.W.2d 879, 883 [13—15] (Mo.App.1981).	1	1
State v. Dickgreen moctapp · 1982 · cited in 1 Missouri opinions naming this issue, 1983–1983 1 sentence 1983State v. Dick, 636 S.W.2d 425, 428 [11] (Mo.App.1982).	1	1
State v. Garrettgreen moctapp · 1981 · cited in 1 Missouri opinions naming this issue, 1982–1982 1 sentence 1982State v. Garrett, 622 S.W.2d 387, 390 (Mo.App.1981).	1	1
Jackson v. Stategreen mo · 1979 · cited in 1 Missouri opinions naming this issue, 1982–1982 1 sentence 1982In the argument portion of his brief in support of his first point movant states that “he was denied his constitutional rights by the systematic exclusion of women.” Rule 27.26(e) requires the trial court to hold a prompt hearing “unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief.” To be entitled to an evidentiary hearing a Rule 27.26 movant “must plead facts, not conclusions, which if true would entitle him to relief.” Jackson v. State, 585 S.W.2d 495, 497 [1] (Mo. banc 1979).	1	1
Stevens v. Wetterau Foods, Inc.green moctapp · 1973 · cited in 1 Missouri opinions naming this issue, 1975–1975 1 sentence 1975Stevens v. Wetterau Foods, Inc., 501 S.W.2d 494, 499 [11] (Mo.App.1973).	1	1
State v. Kitchingreen mo · 1957 · cited in 1 Missouri opinions naming this issue, 1966–1966 1 sentence 1966State v. Kitchin, Mo., 300 S.W.2d 420, 421 [2], certiorari denied 354 U.S. 914 , 77 S.Ct. 1299 , 1 L.Ed. 2d 1429 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
State v. Barnum green mo · 2000 1 sentence 2023Two years later, in State v. Barnum, 14 S.W.3d 587 (Mo. banc 2000), the Court again addressed the issue of improper commentary on the defendant’s right not to testify.	1	2023–2023
Rush v. State green mo · 1969 1 sentence 1974This hearing shall be an evi-dentiary hearing if issues of fact are raised in the motion, and if the allegations thereof directly contradict the verity of records of the court, that issue shall be determined in the evidentiary hearing.” The appellant also cites State v. Garner, 412 S.W.2d 155 (Mo.1967), and Rush v. State, 439 S.W.2d 504 (Mo.1969); both these cases hold that an evidentiary hearing is required in a postconviction proceeding even though the allegations of the motion to vacate flatly contradict the recitations of the record.	1	1974–1974
State v. Garner green mo · 1967 1 sentence 1974This hearing shall be an evi-dentiary hearing if issues of fact are raised in the motion, and if the allegations thereof directly contradict the verity of records of the court, that issue shall be determined in the evidentiary hearing.” The appellant also cites State v. Garner, 412 S.W.2d 155 (Mo.1967), and Rush v. State, 439 S.W.2d 504 (Mo.1969); both these cases hold that an evidentiary hearing is required in a postconviction proceeding even though the allegations of the motion to vacate flatly contradict the recitations of the record.	1	1974–1974
Clark v. Ellis green scotus · 1957 2 sentences 1966State v. Kitchin, Mo., 300 S.W.2d 420, 421 [2], certiorari denied 354 U.S. 914 , 77 S.Ct. 1299 , 1 L.Ed. 2d 1429 . 1966State v. Kitchin, Mo., 300 S.W.2d 420, 421 [2], certiorari denied 354 U.S. 914 , 77 S.Ct. 1299 , 1 L.Ed. 2d 1429 .	1	1966–1966
Washington v. United States green scotus · 1957 1 sentence 1966State v. Kitchin, Mo., 300 S.W.2d 420, 421 [2], certiorari denied 354 U.S. 914 , 77 S.Ct. 1299 , 1 L.Ed. 2d 1429 .	1	1966–1966
Williams v. Kaiser green scotus · 1945 2 sentences 1961Appellant attempts to establish a denial of due process of law under the Fourteenth Amendment to the Constitution of the United States (whether or not the court was required to appoint counsel pursuant to what is now designated as Section 545.820 RSMo 1959, V.A.M.S., see Williams v. Kaiser, 323 U.S. 471 , 65 S.Ct. 363 , 89 L.Ed. 398 ), and we are bound by the decisions of the United States Supreme Court as to what does and does not constitute a denial of due process of law guaranteed by the Fourteenth Amendment. 1961Appellant attempts to establish a denial of due process of law under the Fourteenth Amendment to the Constitution of the United States (whether or not the court was required to appoint counsel pursuant to what is now designated as Section 545.820 RSMo 1959, V.A.M.S., see Williams v. Kaiser, 323 U.S. 471 , 65 S.Ct. 363 , 89 L.Ed. 398 ), and we are bound by the decisions of the United States Supreme Court as to what does and does not constitute a denial of due process of law guaranteed by the Fourteenth Amendment.	1	1961–1961
State v. Smith green mo · 1959 1 sentence 1961Taking these in inverse order, the third contention must be ruled under the following provision of Rule 27.26, namely: “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall cause notice thereof to be served on the prosecuting attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.” See State v. Hurst, Mo.Sup., 347 S.W.2d 177, 178 ; State v. Smith, Mo.Sup., 324 S.W.2d 707, 714 .	1	1961–1961
State v. Hurst green mo · 1961 1 sentence 1961Taking these in inverse order, the third contention must be ruled under the following provision of Rule 27.26, namely: “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall cause notice thereof to be served on the prosecuting attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.” See State v. Hurst, Mo.Sup., 347 S.W.2d 177, 178 ; State v. Smith, Mo.Sup., 324 S.W.2d 707, 714 .	1	1961–1961
State v. Campbell green mo · 1957 1 sentence 1959State v. Campbell, Mo., 307 S.W.2d 486 , certiorari denied 356 U.S. 922 , 78 S.Ct. 708 , 2 L.Ed.2d 718 ; State v. Hurst, Mo., 280 S.W.2d 115 ; Rule 27.26, supra. Rule 27.26 requires that: “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall cause notice thereof to be served on the prosecuting attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.” It is readily apparent that many of the allegations in defendant’s mo	1	1959–1959
Brown v. United States neutral scotus · 1958 1 sentence 1959State v. Campbell, Mo., 307 S.W.2d 486 , certiorari denied 356 U.S. 922 , 78 S.Ct. 708 , 2 L.Ed.2d 718 ; State v. Hurst, Mo., 280 S.W.2d 115 ; Rule 27.26, supra. Rule 27.26 requires that: “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall cause notice thereof to be served on the prosecuting attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.” It is readily apparent that many of the allegations in defendant’s mo	1	1959–1959
King v. McNeill green scotus · 1958 2 sentences 1959State v. Campbell, Mo., 307 S.W.2d 486 , certiorari denied 356 U.S. 922 , 78 S.Ct. 708 , 2 L.Ed.2d 718 ; State v. Hurst, Mo., 280 S.W.2d 115 ; Rule 27.26, supra. Rule 27.26 requires that: “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall cause notice thereof to be served on the prosecuting attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.” It is readily apparent that many of the allegations in defendant’s mo 1959State v. Campbell, Mo., 307 S.W.2d 486 , certiorari denied 356 U.S. 922 , 78 S.Ct. 708 , 2 L.Ed.2d 718 ; State v. Hurst, Mo., 280 S.W.2d 115 ; Rule 27.26, supra. Rule 27.26 requires that: “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall cause notice thereof to be served on the prosecuting attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.” It is readily apparent that many of the allegations in defendant’s mo	1	1959–1959
State v. Hurst green mo · 1955 1 sentence 1959State v. Campbell, Mo., 307 S.W.2d 486 , certiorari denied 356 U.S. 922 , 78 S.Ct. 708 , 2 L.Ed.2d 718 ; State v. Hurst, Mo., 280 S.W.2d 115 ; Rule 27.26, supra. Rule 27.26 requires that: “Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall cause notice thereof to be served on the prosecuting attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.” It is readily apparent that many of the allegations in defendant’s mo	1	1959–1959
State v. Cerny green mo · 1956 2 sentences 1957The trial court, in its order of dismissal, indicated its view that the files and records disclosed that defendant was not entitled to the relief sought and hence followed our case of State v. Cerny, supra, 286 S.W.2d 804, 807 , which states that “Groundless motions may be summarily disposed of, and trial courts may enter findings and conclusions of law to that effect.” In his brief filed in this court defendant advances the contention that the trial court had no legal right to sentence him to five terms of ten years each, the sentences to run consecutively. 1957The trial court, in its order of dismissal, indicated its view that the files and records disclosed that defendant was not entitled to the relief sought and hence followed our case of State v. Cerny, supra, 286 S.W.2d 804, 807 , which states that “Groundless motions may be summarily disposed of, and trial courts may enter findings and conclusions of law to that effect.” In his brief filed in this court defendant advances the contention that the trial court had no legal right to sentence him to five terms of ten years each, the sentences to run consecutively.	1	1957–1957
Whalen v. Buchanan County green mo · 1937 2 sentences 1940Moss v. Hamilton, 303 Mo. 302 , 260 S.W. 466 ; Whaten v. Buchanan County, 342 Mo. 33 , 111 S.W.2d 177 ; State ex rel. 1940Moss v. Hamilton, 303 Mo. 302 , 260 S.W. 466 ; Whaten v. Buchanan County, 342 Mo. 33 , 111 S.W.2d 177 ; State ex rel.	1	1940–1940
State Ex Rel. Moss v. Hamilton green mo · 1924 2 sentences 1940Moss v. Hamilton, 303 Mo. 302 , 260 S.W. 466 ; Whaten v. Buchanan County, 342 Mo. 33 , 111 S.W.2d 177 ; State ex rel. 1940Moss v. Hamilton, 303 Mo. 302 , 260 S.W. 466 ; Whaten v. Buchanan County, 342 Mo. 33 , 111 S.W.2d 177 ; State ex rel.	1	1940–1940

Where else courts name it

TX 563 (1919–2026) OH 96 (1966–2026) NY 91 (1918–2024) CT 46 (1971–2026) IL 39 (1974–2025) PA 25 (1962–2025) FL 25 (1963–2012) CA 20 (1927–2022) AZ 17 (1973–2023) MD 17 (1961–2013) DC 16 (1974–2020) MO 15 (1940–2023) AL 14 (1978–2025) NE 12 (1979–2025) CO 11 (1965–2026) NJ 11 (1955–2026) WA 8 (1932–2022) TN 8 (1969–2026) MA 7 (1980–2014) WY 7 (1976–2022) GA 7 (1956–2019) LA 7 (1932–1999) WI 7 (1986–2024) KY 6 (2014–2024) IN 6 (1937–2018) NM 6 (1945–2010) MT 5 (1975–2007) MI 5 (1969–1982) VT 5 (1985–2014) MN 5 (1941–2019) RI 4 (1977–2014) KS 4 (1992–2024) DE 4 (1982–2022) WV 4 (1978–2018) ID 3 (1967–2004) NC 3 (1974–1984) AK 3 (1969–1979) SD 3 (1973–2016) UT 3 (1993–2022) OR 2 (2006–2008) MS 2 (2014–2020) VA 2 (1973–1986) AR 2 (1988–1988) ND 2 (1983–2008) IA 2 (1967–1973)

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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