introduction test (Missouri) · Go Syfert
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introduction test in Missouri

10 Missouri opinions name it 2 courts 1914–2011 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 (7)

CaseFollowedCited
Miller v. Director of Revenuegreen
mo · 1986 · cited in 3 Missouri opinions naming this issue, 1987–2002
2 sentences

2002“It is settled that if breathal[y]zer tests are administered by certified operators in accordance with the operating procedures promulgated by the Missouri Division of Health, a prima facie case for the introduction of the test results is made.” Miller v. Director of Revenue, 719 S.W.2d 787, 790 (Mo. banc 1986).

1994Miller v. Director of Revenue, 719 S.W.2d 787, 790 (Mo. banc 1986). .

33
State v. Bushgreen
moctapp · 1980 · cited in 2 Missouri opinions naming this issue, 1985–1986
2 sentences

1986State v. Bush, 595 S.W.2d 386, 389 (Mo.App.1980).” Collins v. Director of Revenue, 691 S.W.2d 246, 253 (Mo. banc 1985); § 577.020(3), RSMo Cum.Supp. 1984. 13 CSR 50-140.-020(1) provides for issuance of Type III permits to qualified individuals.

1985State v. Bush, 595 S.W.2d 386, 389 (Mo.App.1980).

22
Collins v. Director of Revenuegreen
mo · 1985 · cited in 2 Missouri opinions naming this issue, 1986–1986
2 sentences

1986State v. Bush, 595 S.W.2d 386, 389 (Mo.App.1980).” Collins v. Director of Revenue, 691 S.W.2d 246, 253 (Mo. banc 1985); § 577.020(3), RSMo Cum.Supp. 1984. 13 CSR 50-140.-020(1) provides for issuance of Type III permits to qualified individuals.

1986The court, in Collins , recognized the long-standing rule that “if breathalyzer tests are administered by certified operators in accordance with the operating procedures promulgated by the Missouri Division of Health, a prima facie case for the introduction of test results is made.” Collins, 691 S.W.2d at 253 .

12
Orton v. Director of Revenuegreen
moctapp · 2005 · cited in 1 Missouri opinions naming this issue, 2011–2011
1 sentence

2011Orton v. Director of Revenue, 170 S.W.3d 516, 520 (Mo.App.2005).

11
Murphy v. Carrongreen
mo · 1976 · cited in 1 Missouri opinions naming this issue, 1997–1997
1 sentence

1997Her sole point relied on is: “The court below erred in setting aside the suspension of [Bollinger’s] license on the grounds that [Director] did not prove up maintenance because [Director] was not required to prove up said foundational issue, in that [Bollinger] failed to object to the introduction of the test result.” The scope of appellate review set forth in Murphy v. Carron, 536 S.W.2d 30, 32 [1] (Mo. banc 1976), applies in this appeal.

11
Von Filer v. Director of Revenuegreen
moctapp · 1995 · cited in 1 Missouri opinions naming this issue, 1997–1997
1 sentence

1997Von Filer v. Director of Revenue, 893 S.W.2d 850, 852 [1] (Mo.App.S.D.1995).

11
Allen v. Director of Revenuegreen
moctapp · 1993 · cited in 1 Missouri opinions naming this issue, 1994–1994
1 sentence

1994Allen v. Director of Revenue, 845 S.W.2d 724, 725 (Mo.App.W.D.1993); § 302.510.3. .Proof that the breathalyzer was operated by certified operators in accordance with operating procedures promulgated by the Missouri Division of Health is part of the Director’s prima facie case for the introduction of the test results.

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 (3)

CaseCitedYears
Young v. Director of Revenue green
moctapp · 1992
2 sentences

1999Bautista, 843 S.W.2d at 3 ; Young, 835 S.W.2d at 335 .

1999Bautista, 843 S.W.2d at 3 ; Young, 835 S.W.2d at 335 .

11999–1999
State v. Hensley green
moctapp · 1992
2 sentences

1999Bautista, 843 S.W.2d at 3 ; Young, 835 S.W.2d at 335 .

1999Bautista, 843 S.W.2d at 3 ; Young, 835 S.W.2d at 335 .

11999–1999
Maloney v. Hunt neutral
moctapp · 1888
1 sentence

1914He certainly knew better than we can know from the affidavits in the record the facts in dispute, and was therefore better prepared to exercise a sound judicial discretion in the matter than is this court.” In Maloney v. Hunt, 29 Mo. App. 379 , Judge Philips, speaking for the Kansas City Court of Appeals, has set out the proper practice, when rules of court, the existence or nonexistence of which are involved, to be, either by the introduction of the rule, if one is of record, or if not of record, then by affidavit of counsel or other competent party.

11914–1914

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 302.505 (7) MO § Mo. Rev. Stat. § 302.535 (4) MO § Mo. Rev. Stat. § 302.500 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 15 (1830–2025) NY 14 (1808–2017) CA 13 (1936–2017) TX 10 (1911–2026) MO 10 (1914–2011) AL 9 (1859–2002) MA 9 (1976–2012) GA 8 (1982–2003) FL 7 (1980–2019) IL 6 (1900–1992) MD 6 (1927–2019) MI 5 (1985–2016) WA 5 (1907–2016) AR 3 (1932–2026) NE 3 (1897–2025) CT 3 (1965–1998) NJ 3 (1933–1997) MS 3 (2000–2025) LA 3 (1976–2014) WI 2 (2002–2019) UT 2 (2007–2007) HI 2 (2009–2022) NM 2 (2011–2025) IN 2 (1980–2006) VA 2 (1995–2011)

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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