need for an evidentiary hearing (Missouri) · Go Syfert
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need for an evidentiary hearing in Missouri

8 Missouri opinions name it 2 courts 1975–2022 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 (6)

CaseFollowedCited
Reuscher v. Stategreen
mo · 1994 · cited in 1 Missouri opinions naming this issue, 2022–2022
1 sentence

2022See Shockley, 579 S.W.3d at 919 (internal quotation omitted); Tate, 461 S.W.3d at 22 (quoting 13 Reuscher v. State, 887 S.W.2d 588, 591 (Mo. banc 1994)); Hogan, 631 S.W.3d at 570 (citing Meiners, 540 S.W.3d at 836 ).

11
Lance C. Shockley v. State of Missourigreen
mo · 2019 · cited in 1 Missouri opinions naming this issue, 2022–2022
1 sentence

2022See Shockley, 579 S.W.3d at 919 (internal quotation omitted); Tate, 461 S.W.3d at 22 (quoting 13 Reuscher v. State, 887 S.W.2d 588, 591 (Mo. banc 1994)); Hogan, 631 S.W.3d at 570 (citing Meiners, 540 S.W.3d at 836 ).

11
Coday v. Stategreen
moctapp · 2002 · cited in 1 Missouri opinions naming this issue, 2005–2005
1 sentence

2005Coday v. State, 92 S.W.3d 324, 326-27 (Mo.App.2002).

11
Jackson v. Wheelergreen
moctapp · 1978 · cited in 1 Missouri opinions naming this issue, 1985–1985
1 sentence

1985See Jackson v. Wheeler, 567 S.W.2d 363, 369 (Mo.App.1978) for a discussion on the need for an evidentiary hearing on Rule 74.12 motions.

11
Merritt v. Stategreen
moctapp · 1983 · cited in 1 Missouri opinions naming this issue, 1983–1983
1 sentence

1983Rule 27.26(j); Merritt v. State, 650 S.W.2d 21, 22 (Mo.App.1983).

11
Cawthon v. Stategreen
moctapp · 1980 · cited in 1 Missouri opinions naming this issue, 1982–1982
1 sentence

1982A converse statement of the rule respecting the need for an evidentiary hearing is found in Cawthon v. State, 614 S.W.2d 262, 264 (Mo.App.1980), where the court said: “[A]n evidentiary hearing is not mandatory and may be denied by the circuit court if [movant], with assistance of counsel, is unable to amend his motion in such a way as to establish a factual basis for his ... claimed relief.” “When an indigent prisoner files a pro se motion, counsel is to be immediately appointed.

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
In the Interest of B.H. green
moctapp · 2015
1 sentence

2022See Shockley, 579 S.W.3d at 919 (internal quotation omitted); Tate, 461 S.W.3d at 22 (quoting 13 Reuscher v. State, 887 S.W.2d 588, 591 (Mo. banc 1994)); Hogan, 631 S.W.3d at 570 (citing Meiners, 540 S.W.3d at 836 ).

12022–2022
Meiners v. State green
· 2018
1 sentence

2022See Shockley, 579 S.W.3d at 919 (internal quotation omitted); Tate, 461 S.W.3d at 22 (quoting 13 Reuscher v. State, 887 S.W.2d 588, 591 (Mo. banc 1994)); Hogan, 631 S.W.3d at 570 (citing Meiners, 540 S.W.3d at 836 ).

12022–2022
Bass v. National Super Markets, Inc. green
mo · 1995
1 sentence

2018Though the parties do not disagree about whether the work that caused Barger's injury was work performed under and required by the contract between KCP&L and Projectile, rendering whether Barger's work was in the usual course of KCP&L's business a question of law to be determined by the court, Bass , 911 S.W.2d at 621 , that does not foreclose the need for an evidentiary hearing to permit the parties the opportunity to present disputed evidence relevant to determining the legal issue.

12018–2018
Nitro Distributing, Inc. v. Dunn green
mo · 2006
1 sentence

2010E.D. 2001). [6] All further statutory references are to RSMo 2000, unless otherwise indicated. [7] In explaining when the need for an evidentiary hearing exists "given the summary nature of the proceedings," the Missouri Supreme Court held that a trial court did not error in "decline[ing] to entertain live witnesses. . . [where] the [trial] court was provided with more than 3,700 pages of documents, affidavits, deposition transcripts and other materials with which to resolve the factual disputes." Nitro Distrib., 194 S.W.3d at 352 . [8] First, Appellant contended he signed the Arbitration Agre

12010–2010
Peppermint Lounge, Inc. v. Wright green
mo · 1973
1 sentence

1975Having so done, this court concluded, 498 S.W.2d at 753 : “ * * * The position taken by this Court in Noel and Pinzino, supra, are not inconsistent with later concepts of the nature and limits of the property interests procedurally protected by the Fourteenth Amendment.

11975–1975

Where else courts name it

FL 56 (1980–2025) NJ 23 (1981–2026) PA 15 (1994–2023) NY 13 (1972–2025) IL 12 (1975–2025) MN 11 (1992–2025) MI 11 (1970–2025) TN 10 (2005–2026) CA 10 (1993–2025) OH 9 (1978–2023) MO 8 (1975–2022) NV 7 (1970–2022) CT 5 (1996–2025) NM 5 (1998–2025) WI 5 (1985–2018) MA 5 (1995–2026) DE 4 (1990–2025) GA 4 (1991–2016) KS 4 (1983–2024) TX 3 (2015–2019) DC 3 (1978–1993) AZ 3 (2012–2017) NC 3 (2002–2016) IN 3 (2000–2015) AK 3 (2020–2025) MS 3 (1984–2011) OK 3 (1996–2007) VT 3 (1984–2015) MT 2 (1989–1989) KY 2 (2025–2025) ND 2 (1994–1994)

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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