premise doctrine (Missouri) · Go Syfert
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premise doctrine in Missouri

8 Missouri opinions name it 2 courts 1980–2024 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 (3)

CaseFollowedCited
Hickman v. Taylorgreen
scotus · 1947 · cited in 2 Missouri opinions naming this issue, 2008–2024
2 sentences

2024The premise of the doctrine comes from the need for counsel to “work with a certain degree of privacy, free from unnecessary intrusion by opposing parties and their counsel.” Hickman v. Taylor, 329 U.S. 495, 510 (1947); Cohen, 262 S.W.3d at 650 ; see United States v. Nobles, 422 U.S. 225, 238 (1975) (“interests of society and the accused in obtaining a fair 6 and accurate resolution of the question of guilt or innocence demand that adequate safeguards assure the thorough preparation and presentation of each side of the case”).

2008The premise of the doctrine comes from the need for “a lawyer [to] work with a certain degree of privacy, free from unnecessary intrusion by opposing parties and their counsel.” Hickman, 329 U.S. at 511 , 67 S.Ct. 385 .

12
United States v. Noblesgreen
scotus · 1975 · cited in 2 Missouri opinions naming this issue, 2008–2024
2 sentences

2024The premise of the doctrine comes from the need for counsel to “work with a certain degree of privacy, free from unnecessary intrusion by opposing parties and their counsel.” Hickman v. Taylor, 329 U.S. 495, 510 (1947); Cohen, 262 S.W.3d at 650 ; see United States v. Nobles, 422 U.S. 225, 238 (1975) (“interests of society and the accused in obtaining a fair 6 and accurate resolution of the question of guilt or innocence demand that adequate safeguards assure the thorough preparation and presentation of each side of the case”).

2008“Although the work-product doctrine most frequently is asserted as a bar to discovery in civil litigation, its role in assuring the proper functioning of the criminal justice system is even more vital.” United States v. Nobles, 422 U.S. 225, 238 , 95 S.Ct. 2160 , 45 L.Ed.2d 141 (1975). 1 “The interests of society and the accused in obtaining a fair and accurate resolution of the question of guilt or innocence demand that adequate safeguards assure the thorough preparation and presentation of each side of the case.” Id.

12
Bergel v. Kassebaumgreen
moctapp · 1978 · cited in 1 Missouri opinions naming this issue, 1990–1990
1 sentence

1990Bergel v. Kassebaum, 577 S.W.2d 863, 869 (Mo.App.1978); MAI 16.05 (1981) & Committee’s Comment; Haswell v. Liberty Mut.

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 (6)

CaseCitedYears
State Ex Rel. Rogers v. Cohen green
mo · 2008
1 sentence

2024The premise of the doctrine comes from the need for counsel to “work with a certain degree of privacy, free from unnecessary intrusion by opposing parties and their counsel.” Hickman v. Taylor, 329 U.S. 495, 510 (1947); Cohen, 262 S.W.3d at 650 ; see United States v. Nobles, 422 U.S. 225, 238 (1975) (“interests of society and the accused in obtaining a fair 6 and accurate resolution of the question of guilt or innocence demand that adequate safeguards assure the thorough preparation and presentation of each side of the case”).

12024–2024
State v. Smith green
moctapp · 1984
1 sentence

2016Id. at 581 .

12016–2016
Wulfing v. Kansas City Southern Industries, Inc. green
moctapp · 1992
1 sentence

2010Id. at 160-61 .

12010–2010
State v. McLarty green
mo · 1967
1 sentence

1983State v. McLarty, supra. The principles usually applied are discussed at length in LaFave & Scott, Criminal Law, supra. The Model Penal Code is based upon the premise that the requirement of a culpable mental state is to be considered in respect to each element of an offense.

11983–1983
Brady v. Maryland green
scotus · 1963
2 sentences

1982To prove the right to a new trial, the defendant advances the principle of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963) [adopted into our procedure through present Rule 25.03 iterated in our decisions]: that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material to guilt or punishment.

1982To prove the right to a new trial, the defendant advances the principle of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963) [adopted into our procedure through present Rule 25.03 iterated in our decisions]: that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material to guilt or punishment.

11982–1982
State ex rel. Electric Co. v. Atkinson green
mo · 1918
2 sentences

1980Early in this century, the premise for this principle was announced in State ex rel Electric Company of Missouri v. Atkinson, 275 Mo. 325 , 204 S.W. 897 (Mo. banc 1918), wherein the State Supreme Court declared: “This is an era in which we, in a large measure if not fully, realize a necessity for the conservation of energy and of natural resources.

1980Early in this century, the premise for this principle was announced in State ex rel Electric Company of Missouri v. Atkinson, 275 Mo. 325 , 204 S.W. 897 (Mo. banc 1918), wherein the State Supreme Court declared: “This is an era in which we, in a large measure if not fully, realize a necessity for the conservation of energy and of natural resources.

11980–1980

Where else courts name it

MA 76 (1983–2026) CA 41 (1952–2025) PA 25 (1941–2025) FL 21 (1961–2026) TX 20 (1987–2026) LA 19 (1962–2018) NJ 15 (1940–2025) WA 15 (1973–2024) MI 14 (1978–2026) IL 14 (1943–2022) NY 13 (1959–2020) ME 10 (1999–2025) MD 9 (1979–2022) KY 9 (1952–2018) MO 8 (1980–2024) OH 8 (1998–2011) OR 8 (1977–2025) IN 7 (1976–2020) GA 6 (1985–2021) UT 6 (2007–2023) OK 5 (1976–2023) TN 5 (1992–2012) VA 5 (1978–2025) KS 5 (1971–2018) AL 5 (1910–2014) AZ 5 (1973–2001) IA 5 (1989–2018) MT 4 (1914–2010) DE 4 (1972–2008) WI 4 (2005–2024) CT 4 (1987–2000) CO 3 (1988–2019) ND 3 (1980–2009) WY 3 (1961–2001) ID 3 (2021–2026) AK 2 (1994–1997) DC 2 (1989–2014) NM 2 (2019–2025) SD 2 (1959–1978) VT 2 (2000–2023)

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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