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

8 Missouri opinions name it 2 courts 1978–2024 5 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
Deck v. Stategreen
mo · 2002 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024Although it is true, as the State asserts, that an issue decided on direct appeal cannot be relitigated in a post-conviction proceeding on a theory of ineffective assistance of counsel, “denial of a plain error claim is not dispositive of the question whether 9 counsel was ineffective in failing to preserve the issue as to which plain error was not found.” Deck v. State, 68 S.W.3d 418, 428 (Mo. banc 2002).

11
Riley v. Director of Revenuegreen
moctapp · 2012 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024See Riley v. Dir. of Revenue, 378 S.W.3d 432 , 443 n.13 (Mo. App. W.D. 2012) (once evidence is admitted at trial without proper objection, fact-finder cannot be reversed for relying on it).

11
Wong v. Wonggreen
moctapp · 2013 · cited in 1 Missouri opinions naming this issue, 2023–2023
2 sentences

2023“Mere conclusions and the failure to develop an argument with support from legal authority preserve nothing for review.” Wong, 391 S.W.3d at 919 (citation omitted).

2023See id. 7 The argument section of King’s brief is so defective it requires us to hypothesize about King’s arguments and precedential support for those arguments, and, as a result, we cannot reach the merits of his appeal.

11
State Ex Inf. McKittrick v. Murphygreen
mo · 1941 · cited in 1 Missouri opinions naming this issue, 1978–1978
2 sentences

1978At common law it “was one of the ancient high prerogative writs of right for the King by which inquiry was made into the legality of the claim of one who purported to have the right to enjoy and exercise an office, right or privilege granted by the Crown, and by which a usurper of such royal franchise was ousted.” Mo. Bar CLE, Appellate Practice and Extraordinary Remedies—Quo Warranto at 10-2 (2d ed. 1974); See also State v. Murphy, 347 Mo. 484 , 148 S.W.2d 527, 530 (Mo. banc 1941).

1978At common law it “was one of the ancient high prerogative writs of right for the King by which inquiry was made into the legality of the claim of one who purported to have the right to enjoy and exercise an office, right or privilege granted by the Crown, and by which a usurper of such royal franchise was ousted.” Mo. Bar CLE, Appellate Practice and Extraordinary Remedies—Quo Warranto at 10-2 (2d ed. 1974); See also State v. Murphy, 347 Mo. 484 , 148 S.W.2d 527, 530 (Mo. banc 1941).

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 (4)

CaseCitedYears
State v. Nelson green
moctapp · 2011
1 sentence

2023The record shows that King’s defense was misidentification, and any variance between the charging document and the evidence presented at trial “was immaterial in view of [King’s] theory of defense.” See Nelson, 334 S.W.3d at 197 .

12023–2023
McNeal v. State green
mo · 2013
1 sentence

2022However, 4 While King's brief relies almost entirely on the facts in McNeal and claims that they necessitate a hearing in his own case, we note that McNeal had "alleged that counsel failed to request [the lesser] instruction and that this failure was not justified by any strategy or reason other than inadvertence…" McNeal, 412 S.W.3d at 889-90 .

12022–2022
Detling v. Edelbrock green
mo · 1984
2 sentences

2016Furthermore, we reject Respondent’s contention the Missouri Supreme Court implicitly adopted the King in custodia legis requirement in Detling, 671 S.W.2d 265 , by favorably citing to King and because the Detling tenants effectively complied with the King requirement by paying their rent to a court-appointed receiver.

2016Detling, 671 S.W.2d at 270 .

12016–2016
King v. Jack Cooper Transport Co., Inc. green
moctapp · 1986
1 sentence

2012However, on remand following appeal to this court, King v. Jack Cooper Transport Co., 708 S.W.2d 194 (Mo.App.

12012–2012

Where else courts name it

IL 72 (1980–2025) GA 27 (1993–2024) OH 25 (1996–2025) MS 20 (1968–2020) AL 20 (1925–2025) FL 20 (1984–2026) TX 20 (1986–2024) CA 18 (1944–2026) PA 15 (1882–2026) NJ 15 (1986–2025) WA 10 (1996–2024) AZ 9 (1974–2021) NY 9 (1990–2016) WY 8 (1991–2025) MO 8 (1978–2024) UT 6 (2006–2024) TN 5 (1999–2019) MN 5 (1987–2015) MA 5 (1980–2024) DC 5 (1989–2018) KS 4 (2012–2025) VA 4 (1984–2025) SD 4 (1972–2014) MD 4 (1983–2013) IN 3 (1992–2020) KY 3 (2012–2014) SC 3 (2008–2023) DE 2 (2018–2019) WI 2 (2005–2020) MI 2 (2012–2016) AK 2 (2021–2024) OR 2 (1959–2000) IA 2 (2009–2009) HI 2 (1994–2003)

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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