substitute analysis (Missouri) · Go Syfert
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substitute analysis in Missouri

9 Missouri opinions name it 2 courts 1890–2024 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 (3)

CaseFollowedCited
Michael L. Mackey v. Steven B. Smith, M.D.green
moctapp · 2014 · cited in 2 Missouri opinions naming this issue, 2015–2015
2 sentences

2015See Mackey v. Smith, 438 S.W.3d 465, 477 (Mo.App.W.D.2014). .

2015See Mackey v. Smith, 438 S.W.3d 465, 477 (Mo. App. W.D. 2014). 17 law.

22
New York v. Hillgreen
scotus · 2000 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024Hill, 528 U.S. at 115 (“Likewise, only counsel is in a position to assess whether the defense would even be prepared to proceed any earlier.

11
Knisley v. Stategreen
mo · 1970 · cited in 1 Missouri opinions naming this issue, 1994–1994
1 sentence

1994Knisley v. State, 448 S.W.2d 890, 892 (Mo.1970).

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
In Re Detention of Gonzales green
iowa · 2003
1 sentence

2005Id.

12005–2005
Realco Services, Inc. v. Holt green
paed · 1979
1 sentence

2002It is easier to find ‘doubt’ than to resolve difficult questions of law and ethics.” Id. (citing Realeo Services, Inc. v. Holt, 479 F.Supp. 867 , 872 n. 4 (E.D.Pa. 1979)).

12002–2002
McCarthy v. John T. Henderson, Inc. green
njsuperctappdiv · 1991
1 sentence

2002It is easier to find ‘doubt’ than to resolve difficult questions of law and ethics.” Id. (citing Realeo Services, Inc. v. Holt, 479 F.Supp. 867 , 872 n. 4 (E.D.Pa. 1979)).

12002–2002
Oregon v. Elstad green
scotus · 1985
2 sentences

1993As Justice O’Connor suggests in Oregon v. Elstad, 470 U.S. 298 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985), metaphor and other figurative language, while helpful to explain certain concepts, are not on their own a substitute for analysis. 470 U.S. at 303 -04 and n. 3, 105 S.Ct. at 1290 . 9 .

1993As Justice O’Connor suggests in Oregon v. Elstad, 470 U.S. 298 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985), metaphor and other figurative language, while helpful to explain certain concepts, are not on their own a substitute for analysis. 470 U.S. at 303 -04 and n. 3, 105 S.Ct. at 1290 . 9 .

11993–1993
Hammond v. Crown Coach Co. green
mo · 1954
1 sentence

1961Hammond v. Crown Coach Co., supra. Before we examine this memo, we wish to and do reaffirm what was said in that case, 364 Mo. 508 , 263 S.W.2d 1 . c. 366(2,3), of the futility of trial courts’ filing memorandums as a substitute for the requirement that “Every order allowing a new trial shall specify of record the ground or grounds on which said new trial is granted.” S.Ct.

11961–1961
McElroy v. Mathews green
mo · 1953
1 sentence

1961Hammond v. Crown Coach Co., supra. Before we examine this memo, we wish to and do reaffirm what was said in that case, 364 Mo. 508 , 263 S.W.2d 1 . c. 366(2,3), of the futility of trial courts’ filing memorandums as a substitute for the requirement that “Every order allowing a new trial shall specify of record the ground or grounds on which said new trial is granted.” S.Ct.

11961–1961
Stillwell v. Hamm neutral
mo · 1888
1 sentence

1890The substitute for this rule is “that the language of a pleading should be taken in its plain and ordinary meaning, and such an interpretation given as fairly appears to have been intended by the author.” Stillwell v. Hamm, 97 Mo. 579 .

11890–1890

Where else courts name it

LA 16 (1941–2019) CA 16 (1863–2020) KY 15 (2016–2026) IL 14 (1973–2020) MO 9 (1890–2024) OK 9 (1932–2019) FL 9 (1990–2016) TX 8 (1990–2023) UT 7 (1944–2020) NY 7 (1926–2016) NJ 6 (2006–2024) OH 6 (2000–2008) DC 5 (1980–2008) HI 5 (1980–2025) IA 5 (1996–2026) MA 5 (1989–2013) WA 4 (2015–2016) AR 3 (1979–2015) MN 3 (1985–1989) NC 3 (1964–2005) AZ 2 (1985–2020) MS 2 (1997–2001) MD 2 (1986–1987) ME 2 (1983–2025) AK 2 (1976–2012)

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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