Fourteenth Amendment claim (Missouri) · Go Syfert
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Fourteenth Amendment claim in Missouri

9 Missouri opinions name it 2 courts 1970–1996 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 (4)

CaseFollowedCited
Swain v. Alabamared
scotus · 1965 · cited in 2 Missouri opinions naming this issue, 1975–1977
2 sentences

1977In determining that the motion was properly overruled without a hearing, the court applied the rule set forth in Swain v. Alabama, 380 U.S. 202, 223-24 , 85 S.Ct. 824, 837 , 13 L.Ed.2d 759 (1965) wherein the United States Supreme Court stated that “when the prosecutor in a county, in case after case, whatever the circumstances, whatever the crime and whoever the defendant or the victim may be, is responsible for the removal of Negroes who have been selected as qualified jurors by the jury commissioners and who have survived challenges for cause, with the result that no Negroes ever serve on pe

1977In determining that the motion was properly overruled without a hearing, the court applied the rule set forth in Swain v. Alabama, 380 U.S. 202, 223-24 , 85 S.Ct. 824, 837 , 13 L.Ed.2d 759 (1965) wherein the United States Supreme Court stated that “when the prosecutor in a county, in case after case, whatever the circumstances, whatever the crime and whoever the defendant or the victim may be, is responsible for the removal of Negroes who have been selected as qualified jurors by the jury commissioners and who have survived challenges for cause, with the result that no Negroes ever serve on pe

12
Estate of Busch v. Ferrell-Duncan Clinic, Inc.green
mo · 1985 · cited in 1 Missouri opinions naming this issue, 1996–1996
2 sentences

1996Cf. Cool v. Reed, 717 S.W.2d 518, 520 (Mo.banc 1986); Estate of Busch v. Ferrell-Duncan Clinic, Inc., 700 S.W.2d 86, 88-9 (Mo.banc 1985); Haas ; 504 S.W.2d at 44 .

1996Cf. Cool v. Reed, 717 S.W.2d 518, 520 (Mo.banc 1986); Estate of Busch v. Ferrell-Duncan Clinic, Inc., 700 S.W.2d 86, 88-9 (Mo.banc 1985); Haas; 504 S.W.2d at 44 .

11
Cool v. Reedgreen
mo · 1986 · cited in 1 Missouri opinions naming this issue, 1996–1996
2 sentences

1996Cf. Cool v. Reed, 717 S.W.2d 518, 520 (Mo.banc 1986); Estate of Busch v. Ferrell-Duncan Clinic, Inc., 700 S.W.2d 86, 88-9 (Mo.banc 1985); Haas ; 504 S.W.2d at 44 .

1996Cf. Cool v. Reed, 717 S.W.2d 518, 520 (Mo.banc 1986); Estate of Busch v. Ferrell-Duncan Clinic, Inc., 700 S.W.2d 86, 88-9 (Mo.banc 1985); Haas; 504 S.W.2d at 44 .

11
State v. Cushmangreen
mo · 1970 · cited in 1 Missouri opinions naming this issue, 1970–1970
1 sentence

1970Later, the challenge of Fourteenth Amendment violation by this section was again raised and overruled in State v. Cushman, Mo., 451 S.W.2d 17, 18 [1].

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
Haas v. Haas green
mo · 1973
2 sentences

1996Cf. Cool v. Reed, 717 S.W.2d 518, 520 (Mo.banc 1986); Estate of Busch v. Ferrell-Duncan Clinic, Inc., 700 S.W.2d 86, 88-9 (Mo.banc 1985); Haas ; 504 S.W.2d at 44 .

1996Cf. Cool v. Reed, 717 S.W.2d 518, 520 (Mo.banc 1986); Estate of Busch v. Ferrell-Duncan Clinic, Inc., 700 S.W.2d 86, 88-9 (Mo.banc 1985); Haas; 504 S.W.2d at 44 .

11996–1996
United States v. Russell green
scotus · 1973
2 sentences

1983In United States v. Russell, 411 U.S. 423 , 93 S.Ct. 1637, 1643 , 36 L.Ed.2d 366 (1973), the Court made this statement: “While we may some day be presented with a situation in which the conduct of law enforcement agents is so outrageous that due process principles would absolutely bar the government from invoking judicial processes to obtain a conviction, ..., the instant case is distinctly not of that breed....

1983In United States v. Russell, 411 U.S. 423 , 93 S.Ct. 1637, 1643 , 36 L.Ed.2d 366 (1973), the Court made this statement: “While we may some day be presented with a situation in which the conduct of law enforcement agents is so outrageous that due process principles would absolutely bar the government from invoking judicial processes to obtain a conviction, ..., the instant case is distinctly not of that breed....

11983–1983
Rochin v. California red
scotus · 1952
2 sentences

1981Such use of force “shock[ed] the conscience,” resulting in a fourteenth amendment violation. 342 U.S. at 172 , 72 S.Ct. at 209 .

1981Such use of force “shock[ed] the conscience,” resulting in a fourteenth amendment violation. 342 U.S. at 172 , 72 S.Ct. at 209 .

11981–1981
Jackson v. Denno green
scotus · 1964
2 sentences

1981There is a Fourteenth Amendment requirement as construed in Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964) that an accused may object to the use of his confession and obtain a hearing to determine whether the confession was given voluntarily.

1981There is a Fourteenth Amendment requirement as construed in Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964) that an accused may object to the use of his confession and obtain a hearing to determine whether the confession was given voluntarily.

11981–1981
State v. Duren red
mo · 1977
1 sentence

1978State v. Duren, 556 S.W.2d 11 (Mo. banc 1977).

11978–1978
State v. Baker green
mo · 1975
2 sentences

1977Further, the motion failed to allege that the exclusion of blacks was made “in case after case, whatever the circumstances, whatever the crime and whoever the defendant or the victim may be . with the result that no Negroes ever serve on petit juries . . .” State v. Baker, supra at 125 .

1977Further, the motion failed to allege that the exclusion of blacks was made “in case after case, whatever the circumstances, whatever the crime and whoever the defendant or the victim may be . with the result that no Negroes ever serve on petit juries . . .” State v. Baker, supra at 125 .

11977–1977
Yick Wo v. Hopkins green
scotus · 1886
2 sentences

1976Cf. Yick Wo v. Hopkins, 118 U.S. 356 , 6 S.Ct. 1064 , 30 L.Ed. 220 .

1976Cf. Yick Wo v. Hopkins, 118 U.S. 356 , 6 S.Ct. 1064 , 30 L.Ed. 220 .

11976–1976

Where else courts name it

CA 30 (1969–2026) TX 26 (1971–2026) WA 18 (1965–2023) NJ 17 (1977–2020) PA 17 (1959–2026) WI 16 (1938–2025) OH 16 (1956–2017) IN 16 (1979–2020) AL 13 (1951–2007) IL 12 (1973–2021) GA 12 (1968–2019) LA 11 (1991–2024) FL 11 (1976–2026) NY 11 (1926–2023) MD 11 (1973–2024) OR 10 (1954–2021) IA 10 (1979–2022) MO 9 (1970–1996) AZ 9 (1958–2018) UT 9 (1993–2024) MI 9 (1975–2020) CO 9 (1975–2025) MS 7 (1987–1999) KS 7 (1987–2022) HI 6 (1978–2025) NC 6 (1980–2023) DE 4 (1973–2015) OK 4 (1985–2019) AR 4 (1997–2004) NV 4 (1978–1999) VA 4 (1993–2023) ME 4 (1970–2025) TN 3 (1979–2013) RI 3 (1981–2000) WY 3 (1978–1994) DC 3 (1972–1975) CT 3 (1984–2007) MT 3 (1976–1995) KY 3 (1993–2004) MA 3 (1982–2025) ID 3 (1983–2020) MN 3 (1985–2011) NM 3 (1990–2005) NH 2 (1984–2007) ND 2 (2022–2022) SC 2 (1995–2004) WV 2 (1983–1985)

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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