conducted hearing (Missouri) · Go Syfert
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conducted hearing in Missouri

14 Missouri opinions name it 2 courts 1961–2023 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 (4)

CaseFollowedCited
State v. McLaughlingreen
mo · 2008 · cited in 1 Missouri opinions naming this issue, 2023–2023
1 sentence

2023See McLaughlin, 265 S.W.3d at 271–72.

11
Lynch v. Hurleygreen
moctapp · 2019 · cited in 1 Missouri opinions naming this issue, 2020–2020
1 sentence

2020Here, the trial court conducted a hearing for the motion to dismiss and considered matters outside the pleadings in making its judgment. 3 “[W]hen the parties both submit matters outside the pleadings for the court's consideration,” the parties “waive notice of the court's conversion of the matter into a motion for summary judgment, and they likewise waive compliance with Rule 74.04's procedural requirements.” Lynch v. Hurley, 569 S.W.3d 33, 39 (Mo. App. W.D. 2019) (citations omitted).

11
State v. Pottergreen
moctapp · 1988 · cited in 1 Missouri opinions naming this issue, 1991–1991
1 sentence

1991State v. Potter, 747 S.W.2d 300, 302 (Mo.App.1988).

11
Travis v. Kansas Citygreen
mo · 1973 · cited in 1 Missouri opinions naming this issue, 1982–1982
1 sentence

1982This procedure followed that prescribed in Travis v. Kansas City, 491 S.W.2d 521, 523 (Mo.banc 1973).

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 (24)

CaseCitedYears
Zapata v. Commonwealth green
ky · 2017
1 sentence

2018Id.

12018–2018
Travis v. Stone green
mo · 2002
2 sentences

2016Id.

2016Id.

12016–2016
Barkley v. Mitchell green
moctapp · 1967
1 sentence

2012Here, the trial court conducted no analysis to determine if the undisputed facts showed whether Kirsch, the subcontractor, was an independent contractor or an employee under the “terms and nature of the agreement and the manner of its performance.” Barkley, 411 S.W.2d at 823 . 3 Whether Kirsch was an independent contractor for liability purposes was a disputed issue of material fact and thus Regency failed to meet its burden to show that it was entitled to judgment as a matter of law.

12012–2012
Frye v. United States red
cadc · 1923
1 sentence

2009The court conducted a hearing under Frye v. United States, 293 F. 1013 (D.C.Cir.1923), about the admissibility of the phenolphthalein test results and overruled Taylor’s objection, allowing evidence of the phenolphthalein test results as a presumptive test for the presence of blood.

12009–2009
State v. Stapleton green
moctapp · 1983
1 sentence

1992Id.

11992–1992
State v. Hunter green
mo · 1970
1 sentence

1981State v. Hunter, 456 S.W.2d 314 (Mo.1979); State v. Sager, supra. Here the issue was not explored by the court and we cannot determine from the present state of the record what facts might have been presented had the court conducted a hearing.

11981–1981
State v. Sager green
moctapp · 1980
1 sentence

1981State v. Hunter, 456 S.W.2d 314 (Mo.1979); State v. Sager, supra. Here the issue was not explored by the court and we cannot determine from the present state of the record what facts might have been presented had the court conducted a hearing.

11981–1981
Jerry Dean Jones v. Harold R. Swenson, Warden green
ca8 · 1972
1 sentence

1976Jones v. Swenson, 339 F.Supp. 789 (E.D.Mo.1972), aff. 469 F.2d 535 (8th Cir. 1972); Anderson v. State, 493 S.W.2d 681 (Mo.App.1973); McCormick v. State, 463 S.W.2d 789 (Mo.1971); Bibbs v. State, 504 S.W.2d 319 (Mo.App.1973), cert. den. 419 U.S. 852 , 95 S.Ct. 95 , 42 L.Ed.2d 84 ; Jones v. State, 505 S.W.2d 96 (Mo.App.1974).

11976–1976
Jones v. Swenson green
moed · 1972
1 sentence

1976Jones v. Swenson, 339 F.Supp. 789 (E.D.Mo.1972), aff. 469 F.2d 535 (8th Cir. 1972); Anderson v. State, 493 S.W.2d 681 (Mo.App.1973); McCormick v. State, 463 S.W.2d 789 (Mo.1971); Bibbs v. State, 504 S.W.2d 319 (Mo.App.1973), cert. den. 419 U.S. 852 , 95 S.Ct. 95 , 42 L.Ed.2d 84 ; Jones v. State, 505 S.W.2d 96 (Mo.App.1974).

11976–1976
McCormick v. State green
mo · 1971
1 sentence

1976Jones v. Swenson, 339 F.Supp. 789 (E.D.Mo.1972), aff. 469 F.2d 535 (8th Cir. 1972); Anderson v. State, 493 S.W.2d 681 (Mo.App.1973); McCormick v. State, 463 S.W.2d 789 (Mo.1971); Bibbs v. State, 504 S.W.2d 319 (Mo.App.1973), cert. den. 419 U.S. 852 , 95 S.Ct. 95 , 42 L.Ed.2d 84 ; Jones v. State, 505 S.W.2d 96 (Mo.App.1974).

11976–1976
Bibbs v. Missouri neutral
scotus · 1974
2 sentences

1976Jones v. Swenson, 339 F.Supp. 789 (E.D.Mo.1972), aff. 469 F.2d 535 (8th Cir. 1972); Anderson v. State, 493 S.W.2d 681 (Mo.App.1973); McCormick v. State, 463 S.W.2d 789 (Mo.1971); Bibbs v. State, 504 S.W.2d 319 (Mo.App.1973), cert. den. 419 U.S. 852 , 95 S.Ct. 95 , 42 L.Ed.2d 84 ; Jones v. State, 505 S.W.2d 96 (Mo.App.1974).

1976Jones v. Swenson, 339 F.Supp. 789 (E.D.Mo.1972), aff. 469 F.2d 535 (8th Cir. 1972); Anderson v. State, 493 S.W.2d 681 (Mo.App.1973); McCormick v. State, 463 S.W.2d 789 (Mo.1971); Bibbs v. State, 504 S.W.2d 319 (Mo.App.1973), cert. den. 419 U.S. 852 , 95 S.Ct. 95 , 42 L.Ed.2d 84 ; Jones v. State, 505 S.W.2d 96 (Mo.App.1974).

11976–1976
Bibbs v. State green
moctapp · 1973
1 sentence

1976Jones v. Swenson, 339 F.Supp. 789 (E.D.Mo.1972), aff. 469 F.2d 535 (8th Cir. 1972); Anderson v. State, 493 S.W.2d 681 (Mo.App.1973); McCormick v. State, 463 S.W.2d 789 (Mo.1971); Bibbs v. State, 504 S.W.2d 319 (Mo.App.1973), cert. den. 419 U.S. 852 , 95 S.Ct. 95 , 42 L.Ed.2d 84 ; Jones v. State, 505 S.W.2d 96 (Mo.App.1974).

11976–1976
Jones v. State green
moctapp · 1974
1 sentence

1976Jones v. Swenson, 339 F.Supp. 789 (E.D.Mo.1972), aff. 469 F.2d 535 (8th Cir. 1972); Anderson v. State, 493 S.W.2d 681 (Mo.App.1973); McCormick v. State, 463 S.W.2d 789 (Mo.1971); Bibbs v. State, 504 S.W.2d 319 (Mo.App.1973), cert. den. 419 U.S. 852 , 95 S.Ct. 95 , 42 L.Ed.2d 84 ; Jones v. State, 505 S.W.2d 96 (Mo.App.1974).

11976–1976
Stroder v. State green
moctapp · 1975
1 sentence

1976Appellant’s counsel claims the record indicates appellant did not have the ability to consult with counsel “with a reasonable degree of rational understanding” and did not have “factual or rational understanding of the proceedings against him” [which are the tests under Stroder v. State, 522 S.W.2d 77 (Mo.App.1975)]; that the disturbance and various outbursts in the courtroom indicate appellant’s “mentally unstable condition,” demonstrate his incapacity to act in a rational manner and constitute bona fide evidence that appellant was incompetent to stand trial; that the court should have suspen

11976–1976
Anderson v. State green
moctapp · 1973
1 sentence

1976Jones v. Swenson, 339 F.Supp. 789 (E.D.Mo.1972), aff. 469 F.2d 535 (8th Cir. 1972); Anderson v. State, 493 S.W.2d 681 (Mo.App.1973); McCormick v. State, 463 S.W.2d 789 (Mo.1971); Bibbs v. State, 504 S.W.2d 319 (Mo.App.1973), cert. den. 419 U.S. 852 , 95 S.Ct. 95 , 42 L.Ed.2d 84 ; Jones v. State, 505 S.W.2d 96 (Mo.App.1974).

11976–1976
Nathaniel Burdette v. Dr. R. O. Settle green
ca8 · 1961
1 sentence

1972State v. Bagges, 350 Mo. 984 , 169 S.W.2d 407 ; Burdette v. Settle, 8 Cir., 296 F.2d 687 .

11972–1972
State v. Bagges green
mo · 1943
2 sentences

1972State v. Bagges, 350 Mo. 984 , 169 S.W.2d 407 ; Burdette v. Settle, 8 Cir., 296 F.2d 687 .

1972State v. Bagges, 350 Mo. 984 , 169 S.W.2d 407 ; Burdette v. Settle, 8 Cir., 296 F.2d 687 .

11972–1972
Sims v. Georgia green
scotus · 1967
2 sentences

1971However, the court did not make a specific finding of record that the confessions were voluntary, as a result of which we made an order pursuant to the procedure adopted in State v. Auger, Mo., 434 S.W.2d 1 , and State v. Edwards, Mo., 435 S.W.2d 1 , as follows: “It appearing from our consideration of this case that the trial court admitted into evidence the oral and written confessions of defendant as testified to and identified by witnesses for the State; that prior thereto the court held a hearing outside the presence of the jury to determine the competency of said confessions; and that fol

1971However, the court did not make a specific finding of record that the confessions were voluntary, as a result of which we made an order pursuant to the procedure adopted in State v. Auger, Mo., 434 S.W.2d 1 , and State v. Edwards, Mo., 435 S.W.2d 1 , as follows: “It appearing from our consideration of this case that the trial court admitted into evidence the oral and written confessions of defendant as testified to and identified by witnesses for the State; that prior thereto the court held a hearing outside the presence of the jury to determine the competency of said confessions; and that fol

11971–1971
Sims v. Georgia green
scotus · 1967
2 sentences

1971However, the court did not make a specific finding of record that the confessions were voluntary, as a result of which we made an order pursuant to the procedure adopted in State v. Auger, Mo., 434 S.W.2d 1 , and State v. Edwards, Mo., 435 S.W.2d 1 , as follows: “It appearing from our consideration of this case that the trial court admitted into evidence the oral and written confessions of defendant as testified to and identified by witnesses for the State; that prior thereto the court held a hearing outside the presence of the jury to determine the competency of said confessions; and that fol

1971However, the court did not make a specific finding of record that the confessions were voluntary, as a result of which we made an order pursuant to the procedure adopted in State v. Auger, Mo., 434 S.W.2d 1 , and State v. Edwards, Mo., 435 S.W.2d 1 , as follows: “It appearing from our consideration of this case that the trial court admitted into evidence the oral and written confessions of defendant as testified to and identified by witnesses for the State; that prior thereto the court held a hearing outside the presence of the jury to determine the competency of said confessions; and that fol

11971–1971
Jackson v. Denno green
scotus · 1964
2 sentences

1971However, the court did not make a specific finding of record that the confessions were voluntary, as a result of which we made an order pursuant to the procedure adopted in State v. Auger, Mo., 434 S.W.2d 1 , and State v. Edwards, Mo., 435 S.W.2d 1 , as follows: “It appearing from our consideration of this case that the trial court admitted into evidence the oral and written confessions of defendant as testified to and identified by witnesses for the State; that prior thereto the court held a hearing outside the presence of the jury to determine the competency of said confessions; and that fol

1971However, the court did not make a specific finding of record that the confessions were voluntary, as a result of which we made an order pursuant to the procedure adopted in State v. Auger, Mo., 434 S.W.2d 1 , and State v. Edwards, Mo., 435 S.W.2d 1 , as follows: “It appearing from our consideration of this case that the trial court admitted into evidence the oral and written confessions of defendant as testified to and identified by witnesses for the State; that prior thereto the court held a hearing outside the presence of the jury to determine the competency of said confessions; and that fol

11971–1971
State v. Auger green
mo · 1968
1 sentence

1971However, the court did not make a specific finding of record that the confessions were voluntary, as a result of which we made an order pursuant to the procedure adopted in State v. Auger, Mo., 434 S.W.2d 1 , and State v. Edwards, Mo., 435 S.W.2d 1 , as follows: “It appearing from our consideration of this case that the trial court admitted into evidence the oral and written confessions of defendant as testified to and identified by witnesses for the State; that prior thereto the court held a hearing outside the presence of the jury to determine the competency of said confessions; and that fol

11971–1971
State v. Edwards green
mo · 1968
1 sentence

1971However, the court did not make a specific finding of record that the confessions were voluntary, as a result of which we made an order pursuant to the procedure adopted in State v. Auger, Mo., 434 S.W.2d 1 , and State v. Edwards, Mo., 435 S.W.2d 1 , as follows: “It appearing from our consideration of this case that the trial court admitted into evidence the oral and written confessions of defendant as testified to and identified by witnesses for the State; that prior thereto the court held a hearing outside the presence of the jury to determine the competency of said confessions; and that fol

11971–1971
State v. Lord green
mo · 1956
1 sentence

1961State v. Hepperman, 349 Mo. 681, 698 , 162 S.W.2d 878, 887 ; State v. Lord, Mo., 286 S.W.2d 737 .

11961–1961
State v. Hepperman green
mo · 1942
2 sentences

1961State v. Hepperman, 349 Mo. 681, 698 , 162 S.W.2d 878, 887 ; State v. Lord, Mo., 286 S.W.2d 737 .

1961State v. Hepperman, 349 Mo. 681, 698 , 162 S.W.2d 878, 887 ; State v. Lord, Mo., 286 S.W.2d 737 .

11961–1961

Where else courts name it

TX 159 (1966–2025) CA 137 (1962–2026) IL 133 (1956–2026) OH 119 (1994–2026) PA 113 (1976–2026) NY 111 (1911–2026) GA 93 (1972–2025) FL 81 (1966–2023) AL 56 (1978–2023) NC 39 (1969–2026) TN 31 (1984–2026) IN 28 (1978–2026) MI 25 (1983–2026) NJ 22 (1990–2026) LA 20 (1970–2024) CT 19 (1989–2019) WY 18 (2018–2026) MS 18 (1977–2023) KY 16 (1971–2026) MO 14 (1961–2023) CO 13 (1942–2022) KS 13 (1948–2026) AZ 13 (1969–2021) VA 11 (1996–2023) WA 9 (1993–2022) MD 8 (1974–2026) OK 8 (1937–2015) WV 7 (1980–2024) ME 6 (2009–2026) SC 6 (1986–2026) DC 5 (1987–2016) OR 5 (1911–2022) AR 5 (1973–2024) UT 4 (2001–2021) VT 4 (2001–2026) WI 3 (1993–2010) NM 3 (1952–1970) SD 3 (1990–2013) NE 3 (1992–2013) HI 2 (2003–2008) ID 2 (1979–2022) DE 2 (2015–2022)

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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