list factors in Missouri

2011This list of factors is not exhaustive, id., and all of the pertinent factors must be considered in context.

2006Id.

2025“The list of factors a court may consider is not exhaustive, and their presence and absence merely guide courts in assessing the totality of the circumstances surrounding interrogations.” Stricklin, 558 S.W.3d at 63 .

2025“The circumstances of each case influence the custody determination, but the ultimate inquiry is whether there is a formal arrest or a restraint on freedom of movement of the degree associated with a formal arrest.” Id.

2020Id. at 822 .

2018Werner , 9 S.W.3d at 595 -96 .

2017There is nothing in the list of factors that leads us to conclude the trial court’s verdict was “so grossly excessive that it shocks the conscience of the court.” Letz, 975 S.W.2d at 174 .

2016Spudich, 745 S.W.2d at 681 n.1.

2016Spudich, 745 S.W.2d at 681 n.1.

2015This list is not an exclusive list of factors, and “[t]he weight to be given any factor ... is largely a function of the fact finder.” Id.

2009Woodard, 201 S.W.3d at 563 .

2005Burnett, 18 S.W.3d at 31 .

2005Kreutzer, 50 S.W.3d at 337-38 .

2002Scott, 926 S.W.2d at 869 .

1990A similar contention was addressed in Griffin, 756 S.W.2d at 490 , in which this Court set forth a limiting construction of the aggravating circumstance requiring that at least one of a list of factors set forth in State v. Preston, 673 S.W.2d 1, 10-11 (Mo.banc), cert. denied, 469 U.S. 893 , 105 S.Ct. 269 , 83 L.Ed.2d 205 (1984), be present before a finding of depravity of mind will be found to be supported by the evidence.

1990A similar contention was addressed in Griffin, 756 S.W.2d at 490 , in which this Court set forth a limiting construction of the aggravating circumstance requiring that at least one of a list of factors set forth in State v. Preston, 673 S.W.2d 1, 10-11 (Mo.banc), cert. denied, 469 U.S. 893 , 105 S.Ct. 269 , 83 L.Ed.2d 205 (1984), be present before a finding of depravity of mind will be found to be supported by the evidence.

1990A similar contention was addressed in Griffin, 756 S.W.2d at 490 , in which this Court set forth a limiting construction of the aggravating circumstance requiring that at least one of a list of factors set forth in State v. Preston, 673 S.W.2d 1, 10-11 (Mo.banc), cert. denied, 469 U.S. 893 , 105 S.Ct. 269 , 83 L.Ed.2d 205 (1984), be present before a finding of depravity of mind will be found to be supported by the evidence.

1990A similar contention was addressed in Griffin, 756 S.W.2d at 490 , in which this Court set forth a limiting construction of the aggravating circumstance requiring that at least one of a list of factors set forth in State v. Preston, 673 S.W.2d 1, 10-11 (Mo.banc), cert. denied, 469 U.S. 893 , 105 S.Ct. 269 , 83 L.Ed.2d 205 (1984), be present before a finding of depravity of mind will be found to be supported by the evidence.

1988The court in Webb v. Harrington, 504 S.W.2d at 260 , analyzed numerous cases decided by Missouri courts so as to compile a list of the factors which Missouri deems mitigate in favor of a finding that a deed which is absolute on its face is what it purports to be, an absolute, unconditional conveyance of land.

1975These factors are as follows: (1) was the penalty the maximum provided by law, (2) was the crime a brutal one, (3) how long did it take the jury to reach its verdict, (4) were there instances of inflammatory conduct or other prejudice producing events in the trial. 448 S.W.2d at 889 .