remand requirement (Missouri) · Go Syfert
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remand requirement in Missouri

11 Missouri opinions name it 2 courts 1981–2024 4 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 (10)

CaseFollowedCited
Ivan Mitchell v. State of Missourigreen
moctapp · 2017 · cited in 2 Missouri opinions naming this issue, 2023–2024
2 sentences

2024The State contends reversal and remand is unnecessary here because the circumstances of this case fit one exception to the remand requirement: “when it is clear the movant is entitled to no relief as a matter of law and will suffer no prejudice by forgoing remand.” See Ross, 659 S.W.3d at 372; see also Mitchell, 510 S.W.3d at 371 .

2023Id. at 371 .

12
David L. Ross v. State of Missourigreen
moctapp · 2023 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024The State contends reversal and remand is unnecessary here because the circumstances of this case fit one exception to the remand requirement: “when it is clear the movant is entitled to no relief as a matter of law and will suffer no prejudice by forgoing remand.” See Ross, 659 S.W.3d at 372; see also Mitchell, 510 S.W.3d at 371 .

11
Roy D. Brown v. State of Missourigreen
moctapp · 2020 · cited in 1 Missouri opinions naming this issue, 2023–2023
1 sentence

2023See Brown v. State, 602 S.W.3d 846 , 850-51, 850 n.3 (Mo. App. E.D. 2020).

11
State v. Washingtongreen
moctapp · 2008 · cited in 1 Missouri opinions naming this issue, 2023–2023
1 sentence

2023Id. at 256-57.

11
CARL LEE JACKSON v. STATE OF MISSOURIgreen
moctapp · 2022 · cited in 1 Missouri opinions naming this issue, 2023–2023
1 sentence

2023Id. at 646 (emphasis added).

11
Carenzo Pittman v. State of Missourigreen
moctapp · 2016 · cited in 1 Missouri opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., Childers v. State, 462 S.W.3d 825 , 828 (Mo.App.2015); Bustamante v. State, 478 S.W.3d 431 , 435 n. 2 (Mo.App.2015); Pittman v. State; 504 S.W.3d 76, 81-82 , 2016 WL 2895113, at *4 (Mo.App.E.D.

2016See, e.g., Childers v. State, 462 S.W.3d 825 , 828 (Mo.App.2015); Bustamante v. State, 478 S.W.3d 431 , 435 n. 2 (Mo.App.2015); Pittman v. State; 504 S.W.3d 76, 81-82 , 2016 WL 2895113, at *4 (Mo.App.E.D.

11
John Childers v. State of Missourigreen
moctapp · 2015 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016See, e.g., Childers v. State, 462 S.W.3d 825 , 828 (Mo.App.2015); Bustamante v. State, 478 S.W.3d 431 , 435 n. 2 (Mo.App.2015); Pittman v. State; 504 S.W.3d 76, 81-82 , 2016 WL 2895113, at *4 (Mo.App.E.D.

11
Moore v. Stategreen
mo · 2010 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016Moore v. State, 328 S.W.3d 700, 702 (Mo. banc 2010) (citing Bullard v. State, 853 S.W.2d 921, 922-23 (Mo. banc 1993)).

11
Bullard v. Stategreen
mo · 1993 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016Moore v. State, 328 S.W.3d 700, 702 (Mo. banc 2010) (citing Bullard v. State, 853 S.W.2d 921, 922-23 (Mo. banc 1993)).

11
State v. Clemmonsgreen
mo · 1988 · cited in 1 Missouri opinions naming this issue, 1999–1999
2 sentences

1999State v. Clemmons, 753 S.W.2d 901, 907 (Mo.banc 1988); Rule 30.20.

1999State v. Clemmons, 753 S.W.2d 901, 907 (Mo.bane 1988); Rule 30.20.

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 (7)

CaseCitedYears
Ralph B. Jones v. State of Missouri green
moctapp · 2022
1 sentence

2023Jones v. State, 643 S.W.3d 918 , 922 n.1 (Mo. App. E.D. 2022); accord Rule 29.15(g) (effective Nov. 4, 2021) (establishing 120-day filing period for amended motion and providing the court “may not extend the time for filing the amended motion”). 12 No exception to this remand requirement is applicable under the circumstances present here.

12023–2023
Brittany Hunter v. Charles Moore, Sr. green
mo · 2016
1 sentence

2018Because Attorney Davis's testimony was beyond the scope of our mandate in Francis v. Wieland , we will not consider this argument other than to note that, "[i]n reaching its judgment, the trial court is free to believe any, all, or none of the evidence presented at trial," and we "defer to the trial court's credibility determinations." Hunter v. Moore , 486 S.W.3d 919 , 925 (Mo. banc 2016).

12018–2018
Alyssa D. Bustamante v. State of Missouri green
moctapp · 2015
1 sentence

2016See, e.g., Childers v. State, 462 S.W.3d 825 , 828 (Mo.App.2015); Bustamante v. State, 478 S.W.3d 431 , 435 n. 2 (Mo.App.2015); Pittman v. State; 504 S.W.3d 76, 81-82 , 2016 WL 2895113, at *4 (Mo.App.E.D.

12016–2016
State v. Davis green
mo · 1978
2 sentences

1999Judge Sweeney explained why he was hearing the motion as follows: "Judge Pinnell has been hospitalized with pneumonia, hospitalized because of conditions involving the right shoulder, hip and knee and has required extensive physical therapy and is unable at this time to conduct the hearing." Defendant relies on State v. Davis, 564 S.W.2d 876 (Mo.banc 1978), to argue that reversible error occurred because Judge Sweeney handled the remand hearing.

1999Judge Sweeney explained why he was hearing the motion as follows: “Judge Pinnell has been hospitalized with pneumonia, hospitalized because of conditions involving the right shoulder, hip and knee and has required extensive physical therapy and is unable at this time to conduct the hearing.” Defendant relies on State v. Davis, 564 S.W.2d 876 (Mo.banc 1978), to argue that reversible error occurred because Judge Sweeney handled the remand hearing.

11999–1999
Rigby Corp. v. Boatmen's Bank and Trust Co. green
moctapp · 1986
2 sentences

1998In support of their request for a remand of this claim, the Killions contend that in Rigby Corp. v. Boatmen's Bank and Trust Co., 713 S.W.2d 517 (Mo.App.1986), this court recognized a tort cause of action by a borrower against a lender for breach of the duty of good faith.

1998In support of their request for a remand of this claim, the Killions contend that in Rigby Corp. v. Boatmen’s Bank and Trust Co., 713 S.W.2d 517 (Mo.App.1986), this court recognized a tort cause of action by a borrower against a lender for breach of the duty of good faith.

11998–1998
Burgess v. Sweet green
moctapp · 1983
1 sentence

1984Burgess v. Sweet, 662 S.W.2d 916 (Mo.App.1983); State ex. rel.

11984–1984
State v. Sager green
moctapp · 1980
2 sentences

1981Inasmuch as the trial court implicitly found these statements voluntary, and such finding being substantially supported by the record, appellant’s first contention is rejected.” The remand for such hearing ordered by the principal opinion is contrary to the recent case on which the majority would rely, State v. Sager, 600 S.W.2d 541 (Mo.App.1980).

1981Inasmuch as the trial court implicitly found these statements voluntary, and such finding being substantially supported by the record, appellant's first contention is rejected." The remand for such hearing ordered by the principal opinion is contrary to the recent case on which the majority would rely, State v. Sager, 600 S.W.2d 541 (Mo. App.1980).

11981–1981

Where else courts name it

PA 111 (1956–2026) NJ 79 (1965–2026) IL 55 (1973–2026) CA 50 (1985–2025) UT 49 (2001–2026) MI 37 (1971–2026) CT 33 (1982–2022) GA 22 (1988–2026) OH 20 (1997–2025) DC 19 (1986–2023) IA 19 (1971–2025) CO 18 (1990–2026) TX 17 (1935–2026) WA 17 (1970–2026) NY 16 (1978–2025) LA 13 (1987–2014) OR 12 (1972–2016) KS 11 (1978–2022) FL 11 (1983–2026) MO 11 (1981–2024) NC 10 (2012–2023) MD 10 (1968–2019) AL 10 (1980–2024) MS 9 (2003–2024) MN 9 (1988–2018) MA 8 (1984–2026) WY 8 (1989–2016) DE 8 (1996–2023) TN 8 (1998–2024) WI 7 (1984–2025) ND 6 (2001–2015) VA 6 (2002–2023) IN 6 (1981–2018) SC 4 (2000–2026) WV 4 (1981–1997) SD 4 (2002–2014) RI 4 (1979–2009) HI 4 (2000–2026) AZ 3 (1971–2025) NM 3 (1998–2013) ID 3 (1983–2015) KY 3 (1977–2013) AK 3 (1978–2012) VT 2 (2012–2016) ME 2 (2000–2006) VI 2 (2010–2016)

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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