positive drug test (Missouri) · Go Syfert
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positive drug test in Missouri

10 Missouri opinions name it 2 courts 1997–2024 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 (8)

CaseFollowedCited
State v. Knesegreen
mo · 1999 · cited in 2 Missouri opinions naming this issue, 1999–2002
2 sentences

2002See State v. Knese, 985 S.W.2d 759, 766 (Mo. banc 1999). “[A] deficient mental condition, whether manifested by delusional behavior or a positive drug test, does not by itself render a statement unin-tebigent.

2002A defendant does not have the constitutional right 'to confess to his crime only when totaby rational and properly motivated.’ ” Id. at 766 .

12
Clevenger v. Nevada Employment Security Departmentgreen
nev · 1989 · cited in 1 Missouri opinions naming this issue, 2001–2001
2 sentences

2001Off-the-job conduct which resulted in a positive drug test in violation of an employer’s rule or policy was held by the Nevada Supreme Court to constitute “misconduct connected with his work” under Nevada law, where the employer’s rule or policy “has a reasonable relationship to the work to be performed” and where there has been an “intentional violation or willful disregard of that rule or policy.” Clevenger v. Nevada Employment Security Department, 105 Nev. 145 , 770 P.2d 866, 868 (1989).

2001Off-the-job conduct which resulted in a positive drug test in violation of an employer’s rule or policy was held by the Nevada Supreme Court to constitute “misconduct connected with his work” under Nevada law, where the employer’s rule or policy “has a reasonable relationship to the work to be performed” and where there has been an “intentional violation or willful disregard of that rule or policy.” Clevenger v. Nevada Employment Security Department, 105 Nev. 145 , 770 P.2d 866, 868 (1989).

11
Grace Drilling Co. v. Director of Laborgreen
arkctapp · 1990 · cited in 1 Missouri opinions naming this issue, 2001–2001
2 sentences

2001Grace Drilling Company v. Director of Labor, et al, 31 Ark.App. 81 , 790 S.W.2d 907, 909 (1990).

2001Grace Drilling Company v. Director of Labor, et al, 31 Ark.App. 81 , 790 S.W.2d 907, 909 (1990).

11
State v. McCoygreen
nmctapp · 1993 · cited in 1 Missouri opinions naming this issue, 2000–2000
2 sentences

2000See State v. McCoy, 116 N.M. 491 , 864 P.2d 307, 312 (N.M.App.1993), rev’d on other grounds by State v. Hodge, 118 N.M. 410 , 882 P.2d 1 (N.M.1994) (adopting the majority view that a positive drug test alone does not prove knowledge or intent; additional proof of intentional or knowing possession is required).

2000See State v. McCoy, 116 N.M. 491 , 864 P.2d 307, 312 (N.M.App.1993), rev’d on other grounds by State v. Hodge, 118 N.M. 410 , 882 P.2d 1 (N.M.1994) (adopting the majority view that a positive drug test alone does not prove knowledge or intent; additional proof of intentional or knowing possession is required).

11
State v. Hodgegreen
nm · 1994 · cited in 1 Missouri opinions naming this issue, 2000–2000
2 sentences

2000See State v. McCoy, 116 N.M. 491 , 864 P.2d 307, 312 (N.M.App.1993), rev’d on other grounds by State v. Hodge, 118 N.M. 410 , 882 P.2d 1 (N.M.1994) (adopting the majority view that a positive drug test alone does not prove knowledge or intent; additional proof of intentional or knowing possession is required).

2000See State v. McCoy, 116 N.M. 491 , 864 P.2d 307, 312 (N.M.App.1993), rev’d on other grounds by State v. Hodge, 118 N.M. 410 , 882 P.2d 1 (N.M.1994) (adopting the majority view that a positive drug test alone does not prove knowledge or intent; additional proof of intentional or knowing possession is required).

11
State v. Lyonsgreen
mo · 1997 · cited in 1 Missouri opinions naming this issue, 1999–1999
1 sentence

1999The deficient mental condition of a defendant, “whether manifested by delusional behavior or a positive drug test,” State v. Bucklew, 973 S.W.2d 83, 90 (Mo. banc 1998), does not by itself render a confession involuntary, “as there is no constitutional right to confess, only when totally rational and properly motivated.” State v. Lyons, 951 S.W.2d 584, 590 (Mo. banc 1997).

11
State v. Bucklewgreen
mo · 1998 · cited in 1 Missouri opinions naming this issue, 1999–1999
2 sentences

1999The deficient mental condition of a defendant, “whether manifested by delusional behavior or a positive drug test,” State v. Bucklew, 973 S.W.2d 83, 90 (Mo. banc 1998), does not by itself render a confession involuntary, “as there is no constitutional right to confess, only when totally rational and properly motivated.” State v. Lyons, 951 S.W.2d 584, 590 (Mo. banc 1997).

1999“If one is informed of his right to remain silent under Miranda, and understands his right to remain silent under Miranda, and thereafter makes voluntary statements, it is absurd to say that such person has not made a knowing and intelligent waiver of his right to remain silent.” State v. Buck-lew, 973 S.W.2d 83, 90 (Mo. banc 1998).

11
State v. Smithgreen
mo · 1997 · cited in 1 Missouri opinions naming this issue, 1998–1998
1 sentence

1998A defendant does not have the constitutional right “‘to confess to his crime only when totally rational and properly motivated.’” State v. Smith, 944 S.W.2d 901, 911 (Mo. banc), cert. denied, — U.S. -, 118 S.Ct. 377 , 139 L.Ed.2d 294 (1977); Colorado v. Connelly, 479 U.S. 157, 166 , 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986).

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 (5)

CaseCitedYears
Colorado v. Connelly green
scotus · 1986
2 sentences

1998A defendant does not have the constitutional right “‘to confess to his crime only when totally rational and properly motivated.’” State v. Smith, 944 S.W.2d 901, 911 (Mo. banc), cert. denied, — U.S. -, 118 S.Ct. 377 , 139 L.Ed.2d 294 (1977); Colorado v. Connelly, 479 U.S. 157, 166 , 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986).

1998A defendant does not have the constitutional right “‘to confess to his crime only when totally rational and properly motivated.’” State v. Smith, 944 S.W.2d 901, 911 (Mo. banc), cert. denied, — U.S. -, 118 S.Ct. 377 , 139 L.Ed.2d 294 (1977); Colorado v. Connelly, 479 U.S. 157, 166 , 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986).

21997–1998
Secrist v. Treadstone, LLC green
moctapp · 2011
1 sentence

2024Id.

12024–2024
State v. Marshall green
moctapp · 2010
1 sentence

2018Id.

12018–2018
State v. Riley green
moctapp · 2006
1 sentence

2010Id.

12010–2010
Powell v. Nevada green
scotus · 1997
1 sentence

1998A defendant does not have the constitutional right “‘to confess to his crime only when totally rational and properly motivated.’” State v. Smith, 944 S.W.2d 901, 911 (Mo. banc), cert. denied, — U.S. -, 118 S.Ct. 377 , 139 L.Ed.2d 294 (1977); Colorado v. Connelly, 479 U.S. 157, 166 , 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986).

11998–1998

Where else courts name it

NY 42 (2003–2026) TX 24 (1995–2026) CA 17 (2000–2026) FL 15 (1994–2024) PA 15 (1994–2024) NM 13 (1993–2024) NJ 12 (1996–2023) MO 10 (1997–2024) LA 8 (1992–2020) OH 7 (1992–2021) DC 6 (1994–2025) IA 5 (2003–2024) KY 5 (2001–2026) AR 5 (1995–2022) MA 5 (2003–2023) NC 4 (2006–2023) TN 3 (1996–2022) WA 3 (2005–2007) DE 3 (2006–2025) IN 3 (1999–2013) NE 3 (1995–2024) KS 3 (1997–2026) CT 2 (2002–2004) IL 2 (2006–2006) MS 2 (2002–2026) CO 2 (2019–2025) NV 2 (2013–2013)

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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