66 Missouri opinions name it 2 courts 1929–2025 10 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.
| Case | Followed | Cited |
|---|---|---|
Beckham v. Beckhamgreen2 sentences2024Beckham v. Beckham, 41 S.W.3d 908, 911 (Mo. App. 2001). 2023Beckham v. Beckham, 41 S.W.3d 908, 911 (Mo. App. 2001). | 6 | 7 |
Buckner v. Stategreen2 sentences2014Buckner v. State, 35 S.W.3d 417, 420 (Mo.App.W.D.2000). 2006The mov-ant has the burden of proving such error by a preponderance of the evidence, and, for this court to find clear error, we “must be under the ‘definite and firm impression that a mistake has been made.’ ” Buckner v. State, 35 S.W.3d 417, 420 (Mo.App. | 5 | 5 |
Watson v. Mensegreen2 sentences2025"The party claiming ownership by adverse possession has the burden of proving his claim by a preponderance of the evidence." Id. (citation omitted). 2025Brownfield completely ignores the Missouri Supreme Court's unequivocal holding in Watson that a "party claiming ownership by adverse possession has the burden of proving his claim by a preponderance of the evidence." 298 S.W.3d at 526 (emphasis added) (citing Shuffit v. Wade, 13 S.W.3d 329, 335 (Mo. App. S.D. 2000)). | 3 | 5 |
Shuffit v. Wadegreen2 sentences2025Brownfield completely ignores the Missouri Supreme Court's unequivocal holding in Watson that a "party claiming ownership by adverse possession has the burden of proving his claim by a preponderance of the evidence." 298 S.W.3d at 526 (emphasis added) (citing Shuffit v. Wade, 13 S.W.3d 329, 335 (Mo. App. S.D. 2000)). 2010Shuffit v. Wade, 13 S.W.3d 329, 335 (Mo.App. | 3 | 3 |
Bauer v. Independent Stave Companygreen2 sentences1984Bauer v. Independent Stave Company, 417 S.W.2d 693, 696 (Mo.App.1967). 1983Bauer v. Independent Stave Company, 417 S.W.2d 693, 696 (Mo.App.1967). | 2 | 2 |
Lance C. Shockley v. State of Missourigreen2 sentences2025Shockley v. State, 579 S.W.3d 881, 918-19 (Mo. banc 2019). 2022Id. at 892 ; Rule 29.15(i). | 1 | 2 |
PRECISION INVEST., LLC v. Cornerstone Propane, LPgreen2 sentences2022Precision Investments, L.L.C. v. Cornerstone Propane, L.P., 220 S.W.3d 301, 303 (Mo. banc 2007) (internal citations omitted). 2008Id. | 1 | 2 |
Archdekin v. Archdekingreen2 sentences2019Id. at 304 . 2019Archdekin v. Archdekin, 562 S.W.3d 298, 304 (Mo. banc 2018) (internal quotations and citations omitted). “[I]n a court tried case, a trial court is free to believe or disbelieve all, part or none of the testimony of any witness.” Id. at 310 (internal quotation and citation omitted). | 1 | 2 |
Moore v. Dudleygreen1 sentence2025Accord, Moore v. Dudley, 904 S.W.2d 496, 498 (Mo. App. E.D. 1995) (essential elements of an adverse possession 16 Brownfield did not raise this issue with the trial court at any time. | 1 | 1 |
Hutchinson v. Steinkegreen1 sentence2025Hutchison v. Steinke, 353 S.W.2d 137, 144 (Mo. App. 1962). 10 Inconsistent evidence was presented to the circuit court as to whether an attorney-client relationship existed between Foulk and KCSR’s attorneys. | 1 | 1 |
Gittemeier v. Stategreen1 sentence2025Gittemeier v. State, 527 S.W.3d 64, 71 (Mo. banc 2017). | 1 | 1 |
Renaut v. Kullmangreen1 sentence2023Renaut v. Kullman, 152 S.W.3d 431, 436 (Mo. App. W.D. 2005). | 1 | 1 |
Westergaard v. Stategreen1 sentence2020"The appellant has the burden of proving error by a preponderance of the evidence." Westergaard v. State, 436 S.W.3d 593, 597 (Mo. App. E.D. 2014). | 1 | 1 |
Richard E. Ivie, Jimmie R. Ivie, LaDonna Small, and Bernard Ivie v. Arnold L. Smith and Sidney B. Smithgreen1 sentence2019See Ivie, 439 S.W.3d at 199 n.10. 17 to both parties. | 1 | 1 |
Arak L. McCoy v. State of Missourigreen2 sentences2017McCoy v. State, 456 S.W.3d 887, 890 (Mo.App.W.D. 2015), The defendant bears the burden of proving such error by a preponderance of the evidence. 2017Id. at 891 . | 1 | 1 |
State v. Taylorgreen1 sentence2013The parties agree that if proof of a particular fact is made an element of an offense, then due process requires the State to prove that element beyond a reasonable doubt. 2 See Apprendi v. New Jer sey, 530 U.S. 466, 476-78 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000); State v. Taylor, 238 S.W.3d 145, 148 (Mo. banc 2007). | 1 | 1 |
Jarrett v. Stategreen1 sentence2012Green-street, 313 S.W.3d at 172. | 1 | 1 |
Eime v. Bradfordgreen1 sentence2012“There is a presumption that the record owner of wild and vacant land is the actual owner.” Eime v. Bradford, 185 S.W.3d 233, 236 (Mo.App. | 1 | 1 |
State, Department of Social Services v. Becknergreen1 sentence2011Servs. v. Beckner, 813 S.W.2d 353, 355 (Mo.App. | 1 | 1 |
Sleater v. Boonegreen1 sentence2011See Munday, 887 S.W.2d at 736 (holding that an attorney seeking payment for legal services rendered to the decedent had the burden of proving his claim and the trial court was free to reject even documentary and uncontested proof); State, Dept. of Soc. | 1 | 1 |
Johnson v. Stategreen1 sentence2011Johnson v. State, 330 S.W.3d 132, 137 (Mo.App. | 1 | 1 |
Taggart v. Maryland Casualty Co.green1 sentence2008Co., 242 S.W.3d 755, 758-59 (Mo.App. | 1 | 1 |
Gulf Insurance Co. v. Noble Broadcastgreen1 sentence2008In its answer, Maryland Casualty asserted that the circuit court erred in enforcing the Taggarts’ judgment because, under Gulf Insurance Company v. Noble Broadcast, 936 S.W.2d 810, 815-16 (Mo. banc 1997), the underlying settlement was unreasonable and resulted from fraud and collusion between the Taggarts and CTL. | 1 | 1 |
| Dillard v. Stategreen | 1 | 1 |
| Felton v. Stategreen | 1 | 1 |
| Lomax v. Sewellgreen | 1 | 1 |
| Kennett Board of Public Works v. Shipmangreen | 1 | 1 |
| Wright v. Wrightgreen | 1 | 1 |
| Thomas v. Thomasgreen | 1 | 1 |
| Ellis v. Williamsgreen | 1 | 1 |
| Russell v. Estate of Chapmangreen | 1 | 1 |
| State v. Grovesgreen | 1 | 1 |
| Willman v. Phelpsgreen | 1 | 1 |
| Bashor v. Turpingreen | 1 | 1 |
| Kinney v. City of St. Louisgreen | 1 | 1 |
| Hull v. Hullgreen | 1 | 1 |
| Lang v. Stategreen | 1 | 1 |
| State v. Bartongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Emilee Williams, Appellant/Cross-Respondent v. Mercy Clinic Springfield Communities, f/k/a St. John's Clinic, Inc., Respondent/Cross-Appellant.
green
1 sentence2020Williams, 568 S.W.3d at 406 . | 1 | 2020–2020 |
Cohen v. Cohen
green
1 sentence2018Cohen v. Cohen , 178 S.W.3d 656 , 670 (Mo. App. 2005). | 1 | 2018–2018 |
Apprendi v. New Jersey
green
2 sentences2013The parties agree that if proof of a particular fact is made an element of an offense, then due process requires the State to prove that element beyond a reasonable doubt. 2 See Apprendi v. New Jer sey, 530 U.S. 466, 476-78 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000); State v. Taylor, 238 S.W.3d 145, 148 (Mo. banc 2007). 2013The parties agree that if proof of a particular fact is made an element of an offense, then due process requires the State to prove that element beyond a reasonable doubt. 2 See Apprendi v. New Jer sey, 530 U.S. 466, 476-78 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000); State v. Taylor, 238 S.W.3d 145, 148 (Mo. banc 2007). | 1 | 2013–2013 |
McNabb v. Barrett
green
1 sentence2010McNabb, 257 S.W.3d at 170 . | 1 | 2010–2010 |
Wallace v. Grasso
green
1 sentence2008“A party asserting waiver of restrictive covenants in a subdivision indentures has the burden of proving waiver.” Wallace v. Grasso, 119 S.W.3d 567 , 576 n. 6 (Mo. App. E.D.2003). | 1 | 2008–2008 |
ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.
green
1 sentence2008Rule 74.04(c) also obligated them to negate any affirmative defenses that Maryland Casualty properly pleaded because, although Maryland Casualty would have the burden of proving the defense at trial, at this stage of the proceedings “it is irrelevant what the non-[moving party] has or has not said or done.” ITT Commercial Finance, 854 S.W.2d at 381 . | 1 | 2008–2008 |
B-Mall Co. v. Williamson
green
2 sentences2006“The party requesting specific performance of the agreement has the burden of proving the claim by clear, convincing and satisfactory evidence.” Id. 2006“Freedom of contract and peaceful settlement of disputes are encouraged in the law.” Id. | 1 | 2006–2006 |
| Moore v. Weeks green | 1 | 2003–2003 |
| Superior Systems Technology v. Jensen green | 1 | 1998–1998 |
| Seales v. State green | 1 | 1982–1982 |
| Bryant v. State green | 1 | 1982–1982 |
| State v. Taylor green | 1 | 1980–1980 |
| State v. Swinburne green | 1 | 1962–1962 |
| State v. Johnson green | 1 | 1962–1962 |
| State v. Eaves green | 1 | 1962–1962 |
| State v. Hubbard green | 1 | 1960–1960 |
| State v. Hundley green | 1 | 1953–1953 |
| State v. Murphy green | 1 | 1953–1953 |
| State v. Scott green | 1 | 1953–1953 |
| State v. Barton green | 1 | 1953–1953 |
| State v. Hardy green | 1 | 1953–1953 |
| Jones v. Rush neutral | 1 | 1929–1929 |
| Wilson v. Plutus Mining Co. green | 1 | 1929–1929 |
| Eubank v. Finnell green | 1 | 1929–1929 |
| Majors v. Maxwell green | 1 | 1929–1929 |
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.
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.