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12 Missouri opinions name it 2 courts 1993–2021 2 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 |
|---|---|---|
Lampkin v. Stategreen2 sentences2020Id. 2019Id. 6 The applicable version of Rule 29.15(g) only allowed one thirty-day extension, but the Amended Motion was filed thirty-two days after the unauthorized extension. 4 “The method of making this inquiry is left to the discretion of the trial court, but a sufficient record must be made to demonstrate on appeal the motion court's determination on the abandonment issue is not clearly erroneous.” Lampkin v. State, 560 S.W.3d 67, 71 (Mo. App. E.D. 2018). | 1 | 2 |
Milner v. Stategreen1 sentence2021Milner v. State, 551 S.W.3d 476, 480 (Mo. banc 2018)(internal quotation omitted); Johnson, 613 S.W.3d at 517. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McDaris v. State
green
2 sentences2019McDaris v. State, 843 S.W.2d 369 , 371 n.1 (Mo. banc 1992) (emphasis added). 2016The methods contemplated for accomplishing this task were described as follows in McDaris v. State, 843 S.W.2d 369 , 371 n. 1 (Mo. banc 1992): The method of making this inquiry may be as formal or informal as the motion court deems necessary to resolve the question of abandonment by counsel, including, but not limited to, a written response and opportunity to reply, a telephone conference call, or a hearing. | 5 | 1993–2019 |
Guerra-Hernandez v. State
green
2 sentences2019“The method of making this inquiry is left to the discretion of the trial court, but a sufficient record must be made to demonstrate on appeal the motion court’s determination on the abandonment issue is not clearly erroneous.” Id. (quoting Guerra-Hernandez, 548 S.W.3d at 371 ). 2019“The method of making this inquiry is left to the discretion of the trial court, but a sufficient record must be made to demonstrate on appeal the motion court’s determination on the abandonment issue is not clearly erroneous.” Id. (quoting Guerra-Hernandez, 548 S.W.3d at 371 ). | 3 | 2018–2020 |
Charles K. Moore v. State of Missouri
green
2 sentences2021“Although the method of making this inquiry is left to the motion court's discretion, the court must, in any event, make a sufficient record to demonstrate on appeal that its determination on the abandonment issue is not clearly erroneous.” Id. (internal citation omitted). 2021“Upon review of the record, if we determine there has been no independent inquiry into abandonment or no record for us to review such inquiry, then we must reverse and remand for the motion court to conduct this inquiry.” Id. (emphasis added) (internal citation omitted); see also Johnson v. State, 613 S.W.3d 512 , 515 (Mo. App. E.D. 2020) (internal citation omitted) (providing the motion court, not the appellate court, is the proper forum for the abandonment inquiry). | 1 | 2021–2021 |