supplemental hearing in Missouri

11 Missouri opinions name it 2 courts 1962–2021 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)

Case	Followed	Cited
State v. Mitchellgreen mo · 1981 · cited in 5 Missouri opinions naming this issue, 1998–2021 2 sentences 2021Instead, the Court held that, “[b]efore this appeal can be finally determined, a supplemental hearing is required on the voluntariness issue.” Id. at 214 . 2014See, e.g., State v. Mitchell, 611 S.W.2d 211, 214 (Mo. banc 1981) (reversing for a supplemental hearing to determine whether the defendant’s confession was voluntary or involuntary); State v. Smoot, 363 S.W.3d 108, 113 (Mo.App.E.D.2011) (same).	2	5
State v. Smootgreen moctapp · 2011 · cited in 2 Missouri opinions naming this issue, 2014–2014 2 sentences 2014See, e.g., State v. Mitchell, 611 S.W.2d 211, 214 (Mo. banc 1981) (reversing for a supplemental hearing to determine whether the defendant’s confession was voluntary or involuntary); State v. Smoot, 363 S.W.3d 108, 113 (Mo.App.E.D.2011) (same). 2014See, e.g., State v. Mitchell, 611 S.W.2d 211, 214 (Mo. banc 1981) (reversing for a supplemental hearing to determine whether the defendant’s confession was voluntary or involuntary); State v. Smoot, 363 S.W.3d 108, 113 (Mo.App.E.D. 2011) (same).	2	2
State v. Gowergreen mo · 1967 · cited in 2 Missouri opinions naming this issue, 1981–1998 2 sentences 1998"Before this appeal can be finally determined, a supplemental hearing is required on the voluntariness issue, using the procedure employed in State v. Gower, 418 S.W.2d 10, 14 (Mo.1967)." 611 S.W.2d at 214 . 1998It has long been the law in Missouri that as to confessions the trial court must first determine whether it is voluntary and, if so, the confession can then be put in evidence, with the jury also being given the opportunity to pass on its voluntariness. [[Image here]] “Before this appeal can be finally determined, a supplemental hearing is required on the voluntariness issue, using the procedure employed in State v. Gower, 418 S.W.2d 10, 14 (Mo.1967).” 611 S.W.2d at 214 .	2	2
Jackson v. Dennogreen scotus · 1964 · cited in 1 Missouri opinions naming this issue, 1974–1974 2 sentences 1974See Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1963). 1974See Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1963).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (9)

Case	Cited	Years
State v. Day green moctapp · 1998 1 sentence 1999Day, 970 S.W.2d at 410 .	1	1999–1999
Wallace, Saunders, Austin, Brown & Enochs v. Rahm green moctapp · 1998 2 sentences 1999In Finster I , we noted that Judge Pinnell "is serving as Senior Judge" and all officers who testified at the April 1993 suppression hearing may be available, thus "a supplemental hearing here is more strongly indicated than ... in Mitchell . " 963 S.W.2d at 419 n. 4. 1999In Finster I, we noted that Judge Pinnell “is serving as Senior Judge” and all officers who testified at the April 1993 suppression hearing may be available, thus “a supplemental hearing here is more strongly indicated than ... in Mitchell.” 963 S.W.2d at 419 n. 4.	1	1999–1999
Houston v. Northup green mo · 1970 1 sentence 1980Houston v. Northup, supra, finds no application to the instant case because in that case, the trial court, on its own motion and not at the request or upon the approval of either party, gave to the jury an improper clarifying instruction which emphasized that where two theories of recovery were possible, but failed to include reference to existing defenses, such clarifying instruction was prejudicially erroneous.	1	1980–1980
State v. Amos green mo · 1977 1 sentence 1980As appellant argues, a trial court is prohibited from giving to a jury supplemental instructions or in any way communicating any message which in fact or by result overemphasizes any one aspect of the law in the case, see State v. Amos, 553 S.W.2d 700 (Mo. banc 1977).	1	1980–1980
State v. Howard green · 1929 2 sentences 1962Where the jury reports it has agreed upon guilt, but cannot agree upon punishment, it is held to be proper for the court to give a supplemental instruction substantially in the form of S-4 here challenged (State v. Bunch, 333 Mo. 20, 25 , 62 S.W.2d 439, 442 ), or for the court to inform the jury that a verdict so stating could be returned (State v. Howard, 324 Mo. 145, 159 , 23 S.W.2d 11, 16 ), and in connection therewith to submit a form of verdict for use in that contingency. 1962Where the jury reports it has agreed upon guilt, but cannot agree upon punishment, it is held to be proper for the court to give a supplemental instruction substantially in the form of S-4 here challenged (State v. Bunch, 333 Mo. 20, 25 , 62 S.W.2d 439, 442 ), or for the court to inform the jury that a verdict so stating could be returned (State v. Howard, 324 Mo. 145, 159 , 23 S.W.2d 11, 16 ), and in connection therewith to submit a form of verdict for use in that contingency.	1	1962–1962
State v. Bunch green mo · 1933 2 sentences 1962Where the jury reports it has agreed upon guilt, but cannot agree upon punishment, it is held to be proper for the court to give a supplemental instruction substantially in the form of S-4 here challenged (State v. Bunch, 333 Mo. 20, 25 , 62 S.W.2d 439, 442 ), or for the court to inform the jury that a verdict so stating could be returned (State v. Howard, 324 Mo. 145, 159 , 23 S.W.2d 11, 16 ), and in connection therewith to submit a form of verdict for use in that contingency. 1962Where the jury reports it has agreed upon guilt, but cannot agree upon punishment, it is held to be proper for the court to give a supplemental instruction substantially in the form of S-4 here challenged (State v. Bunch, 333 Mo. 20, 25 , 62 S.W.2d 439, 442 ), or for the court to inform the jury that a verdict so stating could be returned (State v. Howard, 324 Mo. 145, 159 , 23 S.W.2d 11, 16 ), and in connection therewith to submit a form of verdict for use in that contingency.	1	1962–1962
State v. Jackson green mo · 1937 2 sentences 1962State v. Burton, 355 Mo. 792, 797 , 198 S.W.2d 19, 22 ; State v. Jackson, 340 Mo. 748, 757 , 102 S.W.2d 612, 618 ; State v. Ward, 337 Mo. 425, 434 , 85 S.W.2d 1, 6 . 1962State v. Burton, 355 Mo. 792, 797 , 198 S.W.2d 19, 22 ; State v. Jackson, 340 Mo. 748, 757 , 102 S.W.2d 612, 618 ; State v. Ward, 337 Mo. 425, 434 , 85 S.W.2d 1, 6 .	1	1962–1962
State v. Ward green mo · 1935 2 sentences 1962State v. Burton, 355 Mo. 792, 797 , 198 S.W.2d 19, 22 ; State v. Jackson, 340 Mo. 748, 757 , 102 S.W.2d 612, 618 ; State v. Ward, 337 Mo. 425, 434 , 85 S.W.2d 1, 6 . 1962State v. Burton, 355 Mo. 792, 797 , 198 S.W.2d 19, 22 ; State v. Jackson, 340 Mo. 748, 757 , 102 S.W.2d 612, 618 ; State v. Ward, 337 Mo. 425, 434 , 85 S.W.2d 1, 6 .	1	1962–1962
State v. Burton green mo · 1946 2 sentences 1962State v. Burton, 355 Mo. 792, 797 , 198 S.W.2d 19, 22 ; State v. Jackson, 340 Mo. 748, 757 , 102 S.W.2d 612, 618 ; State v. Ward, 337 Mo. 425, 434 , 85 S.W.2d 1, 6 . 1962State v. Burton, 355 Mo. 792, 797 , 198 S.W.2d 19, 22 ; State v. Jackson, 340 Mo. 748, 757 , 102 S.W.2d 612, 618 ; State v. Ward, 337 Mo. 425, 434 , 85 S.W.2d 1, 6 .	1	1962–1962

Where else courts name it

NY 198 (1891–2026) CA 95 (1926–2026) TX 84 (1935–2025) MI 62 (1936–2025) IL 62 (1898–2026) MA 58 (1976–2026) OH 56 (1972–2025) MD 55 (1932–2026) NE 51 (1930–2026) TN 44 (1987–2024) CO 39 (1949–2026) CT 34 (1953–2021) PA 32 (1901–2025) NJ 30 (1964–2026) WA 29 (1915–2023) DC 22 (1974–2024) UT 21 (1954–2026) IN 21 (1980–2019) IA 21 (1995–2025) FL 19 (1986–2024) AL 18 (1912–2014) OR 18 (1954–2026) WV 15 (1931–2025) NC 13 (1988–2022) SC 13 (1983–2023) ID 11 (1983–2025) WY 11 (1968–2021) MO 11 (1962–2021) MS 10 (1970–2017) RI 10 (1983–2025) WI 10 (1975–2026) AK 9 (1966–2022) VT 8 (1936–2020) ND 8 (1972–2023) GA 8 (1950–2021) AZ 8 (1996–2019) HI 8 (1980–2011) KS 7 (1940–2014) DE 7 (1973–2026) NM 6 (1963–2018) OK 6 (1912–2004) AR 5 (1949–1970) MT 5 (1992–2011) LA 4 (1985–2009) VA 3 (1988–1999) MN 3 (1980–2016) NV 3 (2019–2019) NH 2 (1992–2009) ME 2 (2002–2003) VI 2 (2010–2013)

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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