motion court shall make inquiry (Missouri) · Go Syfert
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motion court shall make inquiry in Missouri

8 Missouri opinions name it 1 courts 1991–2018 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 (2)

CaseFollowedCited
Luleff v. Stategreen
mo · 1991 · cited in 7 Missouri opinions naming this issue, 1991–2010
2 sentences

2010There exists an “assumption that the motion court and appointed counsel will comply with all provisions of the rule.” Luleff v. State, 807 S.W.2d 495, 497-98 (Mo. banc 1991). 3 “At such time as the motion court may proceed to rule a post-conviction motion and there is no record of any activity by counsel on movant’s behalf, the motion court shall make inquiry, sua sponte, regarding the performances of both movant and counsel.” Id.

2010There exists an “assumption that the motion court and appointed counsel will comply with all provisions of the rule.” Luleff v. State, 807 S.W.2d 495, 497-98 (Mo. banc 1991). 3 “At such time as the motion court may proceed to rule a post-conviction motion and there is no record of any activity by counsel on movant’s behalf, the motion court shall make inquiry, sua sponte, regarding the performances of both movant and counsel.” Id.

57
Pollard v. Stategreen
mo · 1991 · cited in 1 Missouri opinions naming this issue, 2018–2018
1 sentence

2018Luleff held that, where "there is no record of any activity by counsel on movant's behalf, the motion court shall make inquiry, sua sponte , regarding the performances of both movant and counsel." 807 S.W.2d at 498.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

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