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14 Missouri opinions name it 2 courts 1890–2024 5 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. Simringreen1 sentence2024Neither explanation is satisfactory, though whatever the explanation for Officer W.J.'s volunteered testimony, the trial court's decision to overrule Moore's motion for a mistrial was not an abuse of discretion. 13 the best position to determine whether the incident had a prejudicial effect on the jury, as well as to determine the appropriate measure to remedy the situation." Simrin, 384 S.W.3d at 721 (internal brackets and quotation omitted). | 1 | 1 |
State of Missouri v. Timothy T. McClendongreen1 sentence2024When Moore presented his motion for a mistrial, the circuit court explained that instructing the jury to disregard Monsanto’s comments was a sufficient remedy because opening statements are not evidence and over the course of the trial, the jury would hear from so many doctors they would not remember Monsanto’s opening statement. “[A]n instruction to the jury to disregard inadmissible evidence or improper argument is a sufficient remedy, as we must presume the jury has followed the court’s instructions.” Matter of Stiles, 662 S.W.3d 322 , 332 (Mo. App. 2023) (quoting State v. McClendon, 477 S. | 1 | 1 |
State v. Harrisgreen1 sentence2024In many cases, "[t]he prejudicial effect of a statement can be removed by striking the statement and instructing the jury to disregard it." Burch, 939 S.W.2d at 528 -29 (citing State v. Harris, 547 S.W.2d 473, 475 (Mo. banc 1977)). | 1 | 1 |
State v. Valleygreen1 sentence2024For ease of analysis, we will address Moore’s points out of order as appropriate. “[T]o preserve a claim of improperly excluded evidence, ‘the proponent must attempt to present the excluded evidence at trial, and if it remains excluded, make a sufficient offer of proof.’” State v. Michaud, 600 S.W.3d 757 , 761 (Mo. banc 2019) (quoting State v. Hunt, 451 S.W.3d 251, 263 (Mo. banc 2014)); State v. Valley, 537 S.W.3d 889, 891 (Mo. App. S.D. 2018). | 1 | 1 |
State of Missouri v. Christopher Eric Huntgreen1 sentence2024For ease of analysis, we will address Moore’s points out of order as appropriate. “[T]o preserve a claim of improperly excluded evidence, ‘the proponent must attempt to present the excluded evidence at trial, and if it remains excluded, make a sufficient offer of proof.’” State v. Michaud, 600 S.W.3d 757 , 761 (Mo. banc 2019) (quoting State v. Hunt, 451 S.W.3d 251, 263 (Mo. banc 2014)); State v. Valley, 537 S.W.3d 889, 891 (Mo. App. S.D. 2018). | 1 | 1 |
Betts-Lucas v. Hansongreen1 sentence2023See Betts-Lucas v. Hanson, 31 S.W.3d 484, 485 (Mo. App. W.D. 2000) (citing Williams v. Mercantile Bank of St. | 1 | 1 |
Marjorie Richardson v. Division of Employment Securitygreen1 sentence2023See id.; see also Richardson, 573 S.W.3d at 128 (noting that where the appellant failed to include any points relied on, much less points relied on that satisfied the requirements of Rule 84.04(d), the appellant’s brief required dismissal). | 1 | 1 |
Michael S. Federhofer v. State of Missourigreen1 sentence2015See Federhofer v. State, 462 S.W.3d 838, 841 (Mo.App.E.D. 2015). | 1 | 1 |
Lagud v. Kansas City Board of Police Commissionersgreen1 sentence2010We note again our standard of review is “ ‘whether, considering the whole record, there is sufficient competent and substantial evidence to support the [agency’s decision], This standard would not be met in the rare case when the [agency’s decision] *312 is contrary to the overwhelming weight of the evidence.’ ” Albanna, 293 S.W.3d at 428 (quoting Lagud, v. Kansas City Bd. of Police Comm’rs, 136 S.W.3d 786, 791 (Mo. banc 2004)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Burch
green
1 sentence2024In many cases, "[t]he prejudicial effect of a statement can be removed by striking the statement and instructing the jury to disregard it." Burch, 939 S.W.2d at 528 -29 (citing State v. Harris, 547 S.W.2d 473, 475 (Mo. banc 1977)). | 1 | 2024–2024 |
Danforth v. Minnesota
green
2 sentences2017Danforth v. Minnesota, 552 U.S. 264, 266 , 128 S.Ct. 1029 , 169 L.Ed.2d 859 (2008), specifically holds that federalism-based limits such as those relied on in Bunch apply only to federal courts. 2017Danforth v. Minnesota, 552 U.S. 264, 266 , 128 S.Ct. 1029 , 169 L.Ed.2d 859 (2008), specifically holds that federalism-based limits such as those relied on in Bunch apply only to federal courts. | 1 | 2017–2017 |
State v. Moore
green
1 sentence2016Moore, 414 S.W.3d at 582-83 . | 1 | 2016–2016 |
Matthews v. State
green
2 sentences2015Moore’s claim is indistinguishable from the claim asserted — and denied — in Matthews v. State, 175 S.W.3d 110 (Mo. banc 2005). 2015Moore’s claim is indistinguishable from the claim asserted – and denied – in Matthews v. State, 175 S.W.3d 110 (Mo. banc 2005). | 1 | 2015–2015 |
Albanna v. State Board of Registration for the Healing Arts
green
1 sentence2010We note again our standard of review is “ ‘whether, considering the whole record, there is sufficient competent and substantial evidence to support the [agency’s decision], This standard would not be met in the rare case when the [agency’s decision] *312 is contrary to the overwhelming weight of the evidence.’ ” Albanna, 293 S.W.3d at 428 (quoting Lagud, v. Kansas City Bd. of Police Comm’rs, 136 S.W.3d 786, 791 (Mo. banc 2004)). | 1 | 2010–2010 |
Moore Ex Rel. Moore v. Bi-State Development Agency
green
1 sentence2004Id. *243 Payment of the Judgment and Request for Postjudgment Interest Bi-State paid Moore $3.89 million in December 2002. | 1 | 2004–2004 |
Shockley v. Harry Sander Realty Co., Inc.
green
1 sentence1995The allegations do not cry “out for equitable relief.” Id. | 1 | 1995–1995 |
Nelson v. Brown
green
2 sentences1915The new bank, by such contract, became the principal debtor and the old bank became the surety for the new. [Nelson v. Brown, 140 Mo. 580 .] It is also urged that Moore by drawing out $2975 from the new bank thereby debarred himself from afterwards questioning the balance due him on the face of the books since that was an agreement on his part that the amount thereby disclosed was correct. 1915The new bank, by such contract, became the principal debtor and the old bank became the surety for the new. [Nelson v. Brown, 140 Mo. 580 .] It is also urged that Moore by drawing out $2975 from the new bank thereby debarred himself from afterwards questioning the balance due him on the face of the books since that was an agreement on his part that the amount thereby disclosed was correct. | 1 | 1915–1915 |
Reid v. Mullins
green
1 sentence1890The surplus of the mortgaged chattels left after paying the prior incumbrance, was pledged to secure Moore’s claim, and to the extent of his debt, was his property, and not Hensons. 2 Jones on Mort., sec. 1921; Reid v. Mullins, 43 Mo. 306 ; Strawbridge v . | 1 | 1890–1890 |
Strawbridge v. Clark
neutral
1 sentence1890Clark, 52 Mo. 21 . | 1 | 1890–1890 |
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.