added presumption (Missouri) · Go Syfert
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added presumption in Missouri

7 Missouri opinions name it 2 courts 1916–2017 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Missouri.

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 (7)

CaseCitedYears
Colter v. Luke green
moctapp · 1908
1 sentence

2017The court added a test to apply: “If the relatiqn between [the person accepting service] and the other persons of the household is of a permanent and domestic character and not intended to be merely temporary, he is regarded as a person of the family....” Id.

12017–2017
Swain v. Alabama red
scotus · 1965
1 sentence

1985Id.

11985–1985
State v. Croka green
moctapp · 1983
1 sentence

1984In State v. Croka, 646 S.W.2d 389 (Mo.App.1983), on voir dire the prosecutor said: “I anticipate the defendant will testify.” In reversing the court ruled: “Such comments influence the jury so as to deny the defendant a fair trial and can never be harmless.” That prosecutorial comment was stronger than the court’s comment challenged here.

11984–1984
California v. LaRue green
scotus · 1973
2 sentences

1979Given the added presumption in favor of the validity of the state regulation in this area that the 21st Amendment requires, we cannot hold that the regulations on their face violate the Federal Constitution.” 409 U.S. at 118 , 93 S.Ct. at 397 .

1979Given the added presumption in favor of the validity of the state regulation in this area that the 21st Amendment requires, we cannot hold that the regulations on their face violate the Federal Constitution.” 409 U.S. at 118 , 93 S.Ct. at 397 .

11979–1979
State v. Novak green
mo · 1968
2 sentences

1970State v. Novak, 428 S.W.2d 585 (Mo.1968), was an arrest for burglary in an apartment, not in a car, and therefore sheds no direct light on the “concrete factual context” of this case.

1970State v. Novak, 428 S.W.2d 585 (Mo. 1968), was an arrest for burglary in an apartment, not in a car, and therefore sheds no direct light on the "concrete factual context" of this case.

11970–1970
Missouri Public Service Corp. v. Fairbanks, Morse & Co. neutral
mowd · 1937
1 sentence

1943Upon the findings of fact made, it was declared as a conclusion of law “that the plaintiff has no such property interest as entitles it to the relief in equity prayed by it in this proceeding.” The temporary injunction theretofore granted was ordered dissolved, and plaintiff's bill dismissed. [ 19 F. Supp. 45 .] The ease reached the United States Circuit Court of Appeals, 8th Circuit, on appeal.

11943–1943
Gay v. Gillilant green
mo · 1887
1 sentence

1916The added clause that “the presumption continues until he is proven guilty by a preponderance of the credible evidence in the case” does not, for the reasons given in the Rothschild case and in Gray v. Gillilan, supra, cure the error.

11916–1916

Where else courts name it

PA 36 (1908–2026) CA 29 (1861–2025) NJ 27 (1942–2023) NY 22 (1876–2018) TX 21 (1916–2021) ND 15 (1994–2018) LA 12 (1914–2015) CT 11 (1963–2004) MI 10 (1897–2024) WA 10 (1932–2017) DC 9 (1984–2009) FL 8 (1930–2014) WI 8 (1969–2018) IA 7 (1917–2026) MO 7 (1916–2017) IL 7 (1914–2024) OH 6 (2005–2026) IN 6 (1875–1987) MD 6 (1938–2013) AK 6 (1983–2021) AL 5 (1934–2017) DE 4 (1986–2022) AR 4 (1944–2017) OK 4 (1975–2017) CO 4 (1981–2017) OR 3 (1977–2025) NC 3 (1904–1990) VA 3 (1941–2000) GA 3 (1981–2004) KS 3 (1923–1979) MA 3 (2000–2019) WV 3 (1893–1989) KY 3 (1928–2015) UT 2 (2007–2024) VT 2 (1996–2006) TN 2 (1924–1982) RI 2 (2000–2010) ME 2 (2006–2014) SD 2 (1934–2000) MN 2 (1983–1990) AZ 2 (1996–1999)

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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