dismissed claim (Missouri) · Go Syfert
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dismissed claim in Missouri

8 Missouri opinions name it 2 courts 1988–2017 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 (5)

CaseFollowedCited
Smith v. Stategreen
mo · 2000 · cited in 2 Missouri opinions naming this issue, 2014–2014
2 sentences

2014When the inmate later tried to raise abandonment for a third time, this Court dismissed the claim on the same basis that the Court now dismisses Price’s motion: “[.'Abandonment by an attorney does not excuse the untimely filing of an original post-conviction motion." Smith v. State, 21 S.W.3d 830 831 (Mo. banc 2000) (emphasis added).

2014When the inmate later tried to raise abandonment for a third time, this Court dismissed the claim on the same basis that the Court now dismisses Price’s motion: “[A]bandonment by an attorney does not excuse the untimely filing of an original post-conviction motion.” Smith v. State, 21 S.W.3d 830 831 (Mo. banc 2000) (emphasis added). 26 its intended scope and, as a result, created unnecessary uncertainty regarding the effect of the waiver provisions in Rule 29.15(b).

22
ABB, Inc. v. Securitas Security Services USA, Inc.green
moctapp · 2012 · cited in 1 Missouri opinions naming this issue, 2013–2013
2 sentences

2013Id. 203-04 , 2012 WL 5846997 at *6. .

2013Id. 203-04 , 2012 WL 5846997 at *6. .

11
Speck v. Union Electric Co.red
mo · 1987 · cited in 1 Missouri opinions naming this issue, 1988–1988
2 sentences

1988Id. at 21 n. 3; Willman v. Walker, 734 S.W.2d 283, 285 (Mo.App.1987).

1988Id. at 20 [1].

11
Willman v. Walkergreen
moctapp · 1987 · cited in 1 Missouri opinions naming this issue, 1988–1988
2 sentences

1988Id. at 21 n. 3; Willman v. Walker, 734 S.W.2d 283, 285 (Mo.App.1987).

1988Willman, 734 S.W.2d at 286 [1]; Luecke, 674 S.W.2d at 692 [1].

11
Luecke v. Missouri Department of Conservationgreen
moctapp · 1984 · cited in 1 Missouri opinions naming this issue, 1988–1988
1 sentence

1988Willman, 734 S.W.2d at 286 [1]; Luecke, 674 S.W.2d at 692 [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 (5)

CaseCitedYears
Johnson v. State green
moctapp · 2014
1 sentence

2017Id. at 302 .

12017–2017
Nichols v. State green
moctapp · 2004
1 sentence

2017Id.

12017–2017
Capitol Group, Inc. v. Collier green
moctapp · 2012
1 sentence

2016The trial court dismissed the claim against the president individually, reasoning that “the language in the Credit Application is insufficient to constitute a personal guaranty as a matter of law.” Id. at 647 .

12016–2016
State Ex Rel. Hardin v. Sanders green
mo · 1976
1 sentence

2015Hardin v. Sanders, 538 S.W.2d 336 (Mo. banc 1976), a case in which the Court had held that an unborn fetus was not a “person” whose death gave rise to a claim under the wrongful death statute.

12015–2015
Jurgensmeyer v. Boone Hospital Center green
moctapp · 1987
1 sentence

2012Id. at 444 .

12012–2012

Where else courts name it

NY 49 (1910–2025) IL 44 (1980–2026) OH 34 (1989–2025) TX 28 (1961–2024) PA 27 (1943–2025) WA 27 (1988–2024) CA 20 (1957–2025) FL 19 (1973–2024) MI 18 (1980–2024) LA 15 (1950–2025) NJ 12 (1966–2024) AZ 12 (1971–2023) CO 11 (1962–2026) MD 10 (1961–2020) TN 10 (1978–2022) OR 10 (1973–2026) WI 10 (1977–2025) VT 9 (1988–2023) OK 8 (1931–2023) MO 8 (1988–2017) UT 8 (1987–2025) AL 7 (1976–2026) DC 6 (1974–2021) MS 6 (1996–2019) IN 5 (1987–2015) NC 5 (2001–2017) GA 4 (1970–2017) VA 4 (1981–2016) SD 4 (2007–2018) NH 4 (1995–2017) KY 4 (1986–2020) ID 4 (1983–2018) NM 4 (1970–2011) DE 4 (2017–2026) SC 4 (1983–2025) AR 3 (1986–2023) KS 3 (1989–2023) WV 3 (1999–2005) IA 3 (1961–2017) NE 2 (1990–2005) ND 2 (2003–2005) RI 2 (1991–2004) WY 2 (1985–2018) CT 2 (1998–2014) MN 2 (1987–2000)

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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