motion without hearing (Missouri) · Go Syfert
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motion without hearing in Missouri

12 Missouri opinions name it 2 courts 1935–2019 0 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 (3)

CaseFollowedCited
MATTHEW ALEXANDER NICHOLSON and JAILYN MARCHAI NICHOLSON, Plaintiffs-Respondents v. SURREY VACATION RESORTS, INC.green
moctapp · 2015 · cited in 1 Missouri opinions naming this issue, 2019–2019
1 sentence

2019See Nicholson v. Surrey Vacation Resorts, Inc. , 463 S.W.3d 358 , 365 (Mo. App. 2015) ; Woods v. Juvenile Shoe Corp. of Am. , 361 S.W.2d 694 , 695 (Mo. 1962).

11
Gaye v. Stategreen
moctapp · 1978 · cited in 1 Missouri opinions naming this issue, 1981–1981
1 sentence

1981Gaye v. State, 576 S.W.2d 554, 555 [1] (Mo.App.1978).

11
State v. Evansgreen
mo · 1969 · cited in 1 Missouri opinions naming this issue, 1971–1971
1 sentence

1971See State v. Evans, [Mo. 439 S.W.2d 170 ] No. 52,798, filed 3-10-69, which holds that the confession in this case was obtained in violation of defendant’s constitutional rights.” On November 20, 1969, the circuit court, Honorable Ivan Lee Holt, Jr., Judge, denied the motion without a hearing or the appointment of an attorney for the reason that “the grounds set out in paragraphs 8 and 9 thereof were ruled adversely to the defendant by the Supreme Court of Missouri on his appeal in State of Missouri v. R.

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 (15)

CaseCitedYears
Woods v. Juvenile Shoe Corporation of America green
mo · 1962
1 sentence

2019See Nicholson v. Surrey Vacation Resorts, Inc. , 463 S.W.3d 358 , 365 (Mo. App. 2015) ; Woods v. Juvenile Shoe Corp. of Am. , 361 S.W.2d 694 , 695 (Mo. 1962).

12019–2019
In the Interest of D.C.C. green
moctapp · 1998
2 sentences

2005In In the Interest of D.C.C., 971 S.W.2d 843 (Mo.App.1998) (D.C.C.II), this court remanded the case for a hearing on the issues of fraud and misrepresentation.

2005In In the Interest of D.C.C., 971 S.W.2d 843 (Mo.App.1998) (D.C.C.II), this court remanded the case for a hearing on the issues of fraud and misrepresentation.

12005–2005
Fields v. State green
mo · 1978
1 sentence

1981Appointment of counsel became mandatory only after the prospective ruling in the 1978 decision in Fields v. State, 572 S.W.2d 477 [4] (Mo.).

11981–1981
James J. Gallarelli v. United States green
ca3 · 1971
1 sentence

1980The Third Circuit Court of Appeals reversed, and remanded the case to permit appellant to change his plea if he so desired after consultation with counsel. 441 F.2d at 1405 .

11980–1980
Haliburton v. State green
moctapp · 1977
1 sentence

1977Haliburton v. State, 546 S.W.2d 771 (Mo.App.1977).

11977–1977
Hogshooter v. State green
moctapp · 1974
1 sentence

1975Smith v. State, 513 S.W.2d 407 (Mo. banc 1974), cert. denied, 420 U.S. 911 , 95 S.Ct. 832 , 42 L.Ed.2d 841 (1975); Hogshooter v. State, 514 S.W.2d 109 (Mo.App.1974). 1 The judgment is affirmed.

11975–1975
Pitts v. Woodward & Lothrop green
scotus · 1975
1 sentence

1975Smith v. State, 513 S.W.2d 407 (Mo. banc 1974), cert. denied, 420 U.S. 911 , 95 S.Ct. 832 , 42 L.Ed.2d 841 (1975); Hogshooter v. State, 514 S.W.2d 109 (Mo.App.1974). 1 The judgment is affirmed.

11975–1975
Gonzales-Solano v. United States green
scotus · 1975
1 sentence

1975Smith v. State, 513 S.W.2d 407 (Mo. banc 1974), cert. denied, 420 U.S. 911 , 95 S.Ct. 832 , 42 L.Ed.2d 841 (1975); Hogshooter v. State, 514 S.W.2d 109 (Mo.App.1974). 1 The judgment is affirmed.

11975–1975
Smith v. State green
mo · 1974
1 sentence

1975Smith v. State, 513 S.W.2d 407 (Mo. banc 1974), cert. denied, 420 U.S. 911 , 95 S.Ct. 832 , 42 L.Ed.2d 841 (1975); Hogshooter v. State, 514 S.W.2d 109 (Mo.App.1974). 1 The judgment is affirmed.

11975–1975
State v. Statler green
mo · 1964
1 sentence

1966Rule 27.26; State v. King, Mo., 380 S.W.2d 370 ; State v. Statler, Mo., 383 S.W.2d 534 ; State v. Small, Mo., 386 S.W.2d 379 .

11966–1966
State v. Small green
mo · 1965
1 sentence

1966Rule 27.26; State v. King, Mo., 380 S.W.2d 370 ; State v. Statler, Mo., 383 S.W.2d 534 ; State v. Small, Mo., 386 S.W.2d 379 .

11966–1966
State v. King green
mo · 1964
1 sentence

1966Rule 27.26; State v. King, Mo., 380 S.W.2d 370 ; State v. Statler, Mo., 383 S.W.2d 534 ; State v. Small, Mo., 386 S.W.2d 379 .

11966–1966
State v. Donnell green
mo · 1965
1 sentence

1965State v. Donnell, supra. The judgment is affirmed.

11965–1965
State v. Herron green
mo · 1964
1 sentence

1964As stated in State v. Herron, Mo., 376 S.W.2d 192 , when charges such as are here made, and are not on their face so patently without foundation as conclusively to demonstrate their want of merit, they must be heard by the trial court in accordance with *185 Rule 27.26 and the proceedings and testimony taken at the hearing preserved for appellate review.

11964–1964
Daggs v. McDermott green
· 1931
2 sentences

1935Were the rule otherwise, a cause might indeed be well and fairly enough disposed of in the trial court by the mere assumption of the truth of facts which both court and counsel might privately know to exist, but obviously no record could be made and preserved so as to enable an appellate court to review a case which had been thus determined by the lower court's having taken judicial notice of records of its own of which the appellate court could not possibly have or take a corresponding judicial notice. [Daggs v. McDermott, 327 Mo. 73 , 34 S.W.2d 46 ; Hume v. Wright (Mo. Sup.), 274 S.W. 741 .]

1935Were the rule otherwise, a cause might indeed be well and fairly enough disposed of in the trial court by the mere assumption of the truth of facts which both court and counsel might privately know to exist, but obviously no record could be made and preserved so as to enable an appellate court to review a case which had been thus determined by the lower court's having taken judicial notice of records of its own of which the appellate court could not possibly have or take a corresponding judicial notice. [Daggs v. McDermott, 327 Mo. 73 , 34 S.W.2d 46 ; Hume v. Wright (Mo. Sup.), 274 S.W. 741 .]

11935–1935

Where else courts name it

NY 317 (1969–2026) OH 90 (1978–2026) WI 65 (1974–2026) CO 53 (1980–2026) TX 39 (1979–2026) FL 31 (1964–2023) DC 24 (1974–2025) MA 21 (1976–2024) PA 13 (2004–2025) LA 13 (2000–2025) MO 12 (1935–2019) CA 12 (1898–2026) NM 11 (1967–2024) VT 10 (1992–2019) MD 10 (1997–2024) KS 10 (1994–2024) KY 10 (1966–2026) GA 9 (1983–2025) CT 8 (1942–2024) TN 7 (1970–2024) WY 7 (1999–2022) IL 7 (1927–2023) ME 6 (1985–2026) WA 6 (2011–2021) AL 5 (1979–2008) NC 5 (2012–2026) MS 5 (1987–2012) IN 5 (1893–2023) NE 3 (2021–2025) OR 3 (2024–2025) IA 2 (2017–2020) VA 2 (2013–2023) MT 2 (2005–2025)

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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