exception to that general rule (Missouri) · Go Syfert
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exception to that general rule in Missouri

7 Missouri opinions name it 2 courts 1987–2025 2 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
State v. Lewisgreen
moctapp · 2014 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024Pierce only applied as an exception to that general rule and was “restricted to its unique factual situation.” State v. Duley, 219 S.W.3d 842, 844 (Mo. App. W.D. 2007) (internal quotation marks and citation omitted); Lewis, 431 S.W.3d at 12 (“Its use is also growing increasingly disfavored beyond its limited application such as to the specific facts at issue in Pierce.”).

11
State v. Duleygreen
moctapp · 2007 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024Pierce only applied as an exception to that general rule and was “restricted to its unique factual situation.” State v. Duley, 219 S.W.3d 842, 844 (Mo. App. W.D. 2007) (internal quotation marks and citation omitted); Lewis, 431 S.W.3d at 12 (“Its use is also growing increasingly disfavored beyond its limited application such as to the specific facts at issue in Pierce.”).

11
Long v. Stategreen
tenncrimapp · 1974 · cited in 1 Missouri opinions naming this issue, 1991–1991
1 sentence

1991Johnson v. Mercantile Trust Company National Association, 510 S.W.2d 83, 40 (Mo.1974); Forsythe v. Starnes, 554 S.W.2d 100 (Mo.App.1977).

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 v. Jefferson green
moctapp · 2011
1 sentence

2025Id. (internal citation omitted).

12025–2025
State of Missouri v. Tyrone Benedict green
moctapp · 2016
2 sentences

2016Id.

2016Id.

12016–2016
Simmons v. United States green
scotus · 1968
2 sentences

1998In Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967 , 19 L.Ed.2d 1247 (1968), the United States Supreme Court created an exception to that general rule based on the Fifth Amendment’s privilege against self-incrimination.

1998In Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967 , 19 L.Ed.2d 1247 (1968), the United States Supreme Court created an exception to that general rule based on the Fifth Amendment’s privilege against self-incrimination.

11998–1998
Cross v. Gould green
moctapp · 1908
2 sentences

1992Cross v. Gould, 110 S.W. at 676 , defines "irregular" for purposes of a motion to set aside an irregular judgment. [A] motion to set aside a judgment for irregularity ... is available as a remedy only in those cases where there is some irregularity appearing in the judgment itself or on the face of the proceeding antecedent thereto.

1992Cross v. Gould, 110 S.W. at 676 , defines “irregular” for purposes of a motion to set aside an irregular judgment. [A] motion to set aside a judgment for irregularity ... is available as a remedy only in those cases where there is some irregularity appearing in the judgment itself or on the face of the proceeding antecedent thereto.

11992–1992
Forsythe v. Starnes green
moctapp · 1977
1 sentence

1991Johnson v. Mercantile Trust Company National Association, 510 S.W.2d 83, 40 (Mo.1974); Forsythe v. Starnes, 554 S.W.2d 100 (Mo.App.1977).

11991–1991
Ferguson v. Boyd green
mo · 1970
1 sentence

1987Ferguson v. Boyd, supra, 448 S.W.2d at 903 ; Consol.

11987–1987

Where else courts name it

TX 52 (1916–2025) NY 48 (1891–2026) CA 41 (1980–2026) OR 35 (1951–2022) AL 24 (1977–2025) IL 21 (1982–2024) PA 18 (1980–2026) MD 12 (1975–2020) CT 12 (1875–2021) GA 10 (1993–2025) IN 10 (1886–2020) VA 10 (1988–2021) OH 9 (1973–2025) NJ 8 (1954–2022) WI 8 (1938–2024) MO 7 (1987–2025) FL 6 (1941–2026) MT 6 (1992–2025) WA 6 (1971–2023) MA 4 (1931–2017) UT 4 (2000–2012) AZ 4 (1980–2020) MN 3 (1988–2009) LA 3 (1949–1991) KY 3 (1934–2023) RI 3 (2015–2026) NM 3 (2005–2013) WV 2 (2014–2014) MI 2 (1968–2006) KS 2 (2017–2020) ND 2 (1981–1996) TN 2 (1978–1986) CO 2 (2012–2025) NC 2 (1976–2016)

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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