ruling error (Missouri) · Go Syfert
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ruling error in Missouri

49 Missouri opinions name it 2 courts 1891–2024 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 (28)

CaseFollowedCited
State v. Kindergreen
mo · 1996 · cited in 2 Missouri opinions naming this issue, 1997–2004
2 sentences

2004State v. Kinder, 942 S.W.2d 313, 324-25 (Mo. banc 1996). ‘We are not bound solely by the statements favoring [Appellant’s] position because the ruling on a challenge for cause is to be based on the whole record.” Id.

2004State v. Kinder, 942 S.W.2d 313, 324-25 (Mo. banc 1996). ‘We are not bound solely by the statements favoring [Appellant’s] position because the ruling on a challenge for cause is to be based on the whole record.” Id.

22
Thummel v. Kinggreen
mo · 1978 · cited in 2 Missouri opinions naming this issue, 1993–1996
2 sentences

1996Rule 84.04(d); Thummel v. King, 570 S.W.2d 679, 685 (Mo. banc 1978).

1993See Thummel v. King, 570 S.W.2d 679 (Mo. banc 1978).

22
State v. Lingargreen
mo · 1987 · cited in 2 Missouri opinions naming this issue, 1989–1990
2 sentences

1990State v. Wheat, supra, at 158 ; State v. Lingar, 726 S.W.2d 728, 733 (Mo. banc 1987), cert. denied, 484 U.S. 872 , 108 S.Ct. 206 , 98 L.Ed.2d 157 (1987); State v. Norris, supra, at 203 .

1989State v. Hill, 714 S.W.2d 687, 689 (Mo.App.1986); see also Lingar, 726 S.W.2d at 733 .

22
Storey v. Stategreen
mo · 2005 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024See Storey, 175 S.W.3d at 126 .

11
Tyler v. Altergreen
moctapp · 2013 · cited in 1 Missouri opinions naming this issue, 2019–2019
1 sentence

2019Jones, 400 S.W.3d at 915 (internal citation omitted).

11
Mastermark Builders, Inc. v. Echelmeiergreen
moctapp · 2010 · cited in 1 Missouri opinions naming this issue, 2014–2014
1 sentence

2014State v. Garvey, 328 S.W.3d 408, 414 (Mo.App.

11
State v. Bewleygreen
moctapp · 2002 · cited in 1 Missouri opinions naming this issue, 2013–2013
1 sentence

2013Presumption in Judge-Tried Case “ ‘[I]n a judge-tried case, we presume that the trial judge was not prejudiced by inadmissible evidence and was not influenced by it in reaching a judgment, unless it is clear from the record that the trial judge considered and relied upon the inadmissible evidence.’ ” State v. Bewley, 68 S.W.3d 613, 619 (Mo.App.

11
State v. Johnsongreen
mo · 2008 · cited in 1 Missouri opinions naming this issue, 2010–2010
2 sentences

2010State v. Johnson, 244 S.W.3d 144, 158 (Mo. banc 2008).

2010State v. Johnson, 244 S.W.3d 144, 158 (Mo. banc 2008).

11
State v. Wrightgreen
moctapp · 1999 · cited in 1 Missouri opinions naming this issue, 2009–2009
2 sentences

2009Appellant asserts this ruling was in error in that there was insufficient evidence to support his conviction beyond a reasonable doubt because the evidence revealed “the car was owned by two other people, one of whom came from a family associated with illegal drugs; the small baggie of methamphetamine was possibly hidden under the seat; and there was no evidence presented that [Appellant] could see the methamphetamine or knew it was there.” “We review the denial of a motion for acquittal to determine if the State adduced sufficient evidence to make a sub-missible case.” State v. Davis, 219 S.W

2009“The court must examine the elements of the crime and consider each in turn; reviewing the evidence in the light most favorable to the judgment; disregarding any contrary evidence; and granting the State all reasonable inferences from the evidence.” Id.

11
State v. Davisgreen
moctapp · 2007 · cited in 1 Missouri opinions naming this issue, 2009–2009
2 sentences

2009Appellant asserts this ruling was in error in that there was insufficient evidence to support his conviction beyond a reasonable doubt because the evidence revealed “the car was owned by two other people, one of whom came from a family associated with illegal drugs; the small baggie of methamphetamine was possibly hidden under the seat; and there was no evidence presented that [Appellant] could see the methamphetamine or knew it was there.” “We review the denial of a motion for acquittal to determine if the State adduced sufficient evidence to make a sub-missible case.” State v. Davis, 219 S.W

2009Appellant asserts this ruling was in error in that there was insufficient evidence to support his conviction beyond a reasonable doubt because the evidence revealed “the car was owned by two other people, one of whom came from a family associated with illegal drugs; the small baggie of methamphetamine was possibly hidden under the seat; and there was no evidence presented that [Appellant] could see the methamphetamine or knew it was there.” “We review the denial of a motion for acquittal to determine if the State adduced sufficient evidence to make a sub-missible case.” State v. Davis, 219 S.W

11
State v. Browngreen
mo · 1995 · cited in 1 Missouri opinions naming this issue, 1996–1996
2 sentences

1996Treadway, 558 S.W.2d at 649 ; State v. Brown, 902 S.W.2d 278, 285 (Mo. banc 1995), cert. denied, — U.S. -, 116 S.Ct. 679 , 133 L.Ed.2d 527 (1995).

1996Treadway, 558 S.W.2d at 649 ; State v. Brown, 902 S.W.2d 278, 285 (Mo. banc 1995), cert. denied, ___ U.S. ___, 116 S.Ct. 679 , 133 L.Ed.2d 527 (1995).

11
Rogers v. City of Deepwatergreen
moctapp · 1949 · cited in 1 Missouri opinions naming this issue, 1995–1995
2 sentences

1995The appellate court held that inasmuch as the plaintiffs made no effort to present the evidence in rebuttal, they could not assign the trial court’s ruling as error. 219 S.W.2d at 757 [7].

1995The appellate court held that inasmuch as the plaintiffs made no effort to present the evidence in rebuttal, they could not assign the trial court's ruling as error. 219 S.W.2d at 757 [7].

11
State v. Owensgreen
moctapp · 1988 · cited in 1 Missouri opinions naming this issue, 1991–1991
1 sentence

1991State v. Owens, 759 S.W.2d 73, 76 (Mo.App.1988).

11
State v. Hopkinsgreen
mo · 1985 · cited in 1 Missouri opinions naming this issue, 1990–1990
1 sentence

1990A trial court’s discretion to strike veniremen for cause is not unbridled, State v. Hopkins, 687 S.W.2d 188, 189 (Mo. banc 1985), but determination of a potential juror’s qualifications remains within the broad discretion of the trial court, and an appellate court will not disturb a ruling on a challenge for cause unless it constitutes a clear abuse of discretion.

11
State v. Hillgreen
moctapp · 1986 · cited in 1 Missouri opinions naming this issue, 1989–1989
2 sentences

1989State v. Hill, 714 S.W.2d 687, 689 (Mo.App.1986); see also Lingar, 726 S.W.2d at 733 .

1989State v. Hill, 714 S.W.2d 687, 689 (Mo.App.1986); see also Lingar, 726 S.W.2d at 733 .

11
O'Dell Blackmon v. Carl White, Superintendentgreen
ca8 · 1987 · cited in 1 Missouri opinions naming this issue, 1989–1989
2 sentences

1989Blackmon v. White, 825 F.2d 1263, 1265 (8th Cir.1987).

1989Blackmon v. White, 825 F.2d 1263, 1265 (8th Cir.1987).

11
State v. Barksgreen
moctapp · 1986 · cited in 1 Missouri opinions naming this issue, 1986–1986
1 sentence

1986State v. Barks, 711 S.W.2d 892, 895 (Mo.App.1986).

11
State v. Leipusgreen
moctapp · 1984 · cited in 1 Missouri opinions naming this issue, 1985–1985
1 sentence

1985State v. Leipus, 675 S.W.2d 896, 898 [1-3] (Mo.App.1984).

11
Murphy v. Carrongreen
mo · 1976 · cited in 1 Missouri opinions naming this issue, 1985–1985
11
State v. Hudsongreen
moctapp · 1975 · cited in 1 Missouri opinions naming this issue, 1982–1982
11
State v. Karnesgreen
moctapp · 1980 · cited in 1 Missouri opinions naming this issue, 1982–1982
11
State v. Wilkersongreen
moctapp · 1977 · cited in 1 Missouri opinions naming this issue, 1982–1982
11
State v. Morrisongreen
mo · 1977 · cited in 1 Missouri opinions naming this issue, 1980–1980
11
Duensing v. Huschergreen
mo · 1968 · cited in 1 Missouri opinions naming this issue, 1979–1979
11
State v. Terrygreen
mo · 1959 · cited in 1 Missouri opinions naming this issue, 1976–1976
11
State v. Bakergreen
mo · 1975 · cited in 1 Missouri opinions naming this issue, 1976–1976
11
State v. Nealgreen
mo · 1974 · cited in 1 Missouri opinions naming this issue, 1976–1976
11
State v. Lowegreen
mo · 1969 · cited in 1 Missouri opinions naming this issue, 1971–1971
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 (31)

CaseCitedYears
State v. Wheat green
mo · 1989
2 sentences

1990"Mindful of the trial court's unique opportunity to observe the venireman during voir dire, an appellate court will not disturb a ruling on a challenge for cause unless it constitutes a clear abuse of discretion and a real probability of injury to the complaining party." Id.

1990“Mindful of the trial court’s unique opportunity to observe the venireman during voir dire, an appellate court will not disturb a ruling on a challenge for cause unless it constitutes a clear abuse of discretion and a real probability of injury to the complaining party.” Id.

31990–1992
Wiles v. Capitol Indem. Corp. green
moed · 2001
1 sentence

2015“By commencing this action on the Policy without submitting to an examination under oath, Plaintiff denied Defendant the opportunity to both complete its investigation and to issue a ruling on the claim.” Wiles, 215 F.Supp.2d at 1032 .

12015–2015
Brasch v. State green
mo · 2011
1 sentence

2012Id.

12012–2012
Burke v. Goodman green
moctapp · 2003
2 sentences

2009Burke v. Goodman, 114 S.W.3d 276 , 278-79 n. 4 (Mo.App.2003). .

2009Burke v. Goodman, 114 S.W.3d 276 , 278-79 n. 4 (Mo.App.2003). [4] Appellant's points are not substantially in the form prescribed by Rule 84.04(d)(1), but we exercise our discretion to address her contentions as we understand them. [5] These terms seem to derive from software "shrinkwrap" licenses, which purport to become effective when a purchaser removes the cellophane shrinkwrap and opens the software package.

12009–2009
McKown v. State green
moctapp · 1984
1 sentence

2008Id. at 41 .

12008–2008
State v. Treadway green
mo · 1977
2 sentences

1996Treadway, 558 S.W.2d at 649 ; State v. Brown, 902 S.W.2d 278, 285 (Mo. banc 1995), cert. denied, — U.S. -, 116 S.Ct. 679 , 133 L.Ed.2d 527 (1995).

1996Treadway, 558 S.W.2d at 649 ; State v. Brown, 902 S.W.2d 278, 285 (Mo. banc 1995), cert. denied, ___ U.S. ___, 116 S.Ct. 679 , 133 L.Ed.2d 527 (1995).

11996–1996
Mayes v. Newberry green
scotus · 1995
2 sentences

1996Treadway, 558 S.W.2d at 649 ; State v. Brown, 902 S.W.2d 278, 285 (Mo. banc 1995), cert. denied, — U.S. -, 116 S.Ct. 679 , 133 L.Ed.2d 527 (1995).

1996Treadway, 558 S.W.2d at 649 ; State v. Brown, 902 S.W.2d 278, 285 (Mo. banc 1995), cert. denied, ___ U.S. ___, 116 S.Ct. 679 , 133 L.Ed.2d 527 (1995).

11996–1996
Simpson v. Smith green
moctapp · 1989
1 sentence

1994Simpson, 771 S.W.2d at 371 .

11994–1994
State v. Norris green
moctapp · 1987
1 sentence

1990State v. Wheat, supra, at 158 ; State v. Lingar, 726 S.W.2d 728, 733 (Mo. banc 1987), cert. denied, 484 U.S. 872 , 108 S.Ct. 206 , 98 L.Ed.2d 157 (1987); State v. Norris, supra, at 203 .

11990–1990
Marquez v. Texas green
scotus · 1987
1 sentence

1990State v. Wheat, supra, at 158 ; State v. Lingar, 726 S.W.2d 728, 733 (Mo. banc 1987), cert. denied, 484 U.S. 872 , 108 S.Ct. 206 , 98 L.Ed.2d 157 (1987); State v. Norris, supra, at 203 .

11990–1990
Rainwater v. Merchants & Farmers Bank green
· 1917
1 sentence

1990State v. Wheat, supra, at 158 ; State v. Lingar, 726 S.W.2d 728, 733 (Mo. banc 1987), cert. denied, 484 U.S. 872 , 108 S.Ct. 206 , 98 L.Ed.2d 157 (1987); State v. Norris, supra, at 203 .

11990–1990
State v. Gilmore green
mo · 1984
1 sentence

1986Id. at 941 .

11986–1986
Prewitt v. Parkway School District neutral
mo · 1977
11982–1982
Brady v. Maryland green
scotus · 1963
11981–1981
Barks v. Turnbeau green
moctapp · 1978
11980–1980
State v. Kirkland green
mo · 1971
11973–1973
Kelley v. Hudson green
moctapp · 1966
11973–1973
Daniels v. Dillinger green
moctapp · 1969
11973–1973
Phillips v. Vrooman green
mo · 1952
11968–1968
State v. Banks neutral
· 1881
11961–1961
State v. Palmer green
mo · 1886
11961–1961
S. v. G green
moctapp · 1957
11957–1957
Petry v. Hopping green
nj · 1922
11940–1940
Banks v. Morris Company green
· 1924
11928–1928
Matthews v. Missouri Pacific Railway Co. green
mo · 1898
11927–1927
Tyson v. Farm & Home Savings & Loan Ass'n neutral
mo · 1900
11927–1927
Leach v. Cargill neutral
mo · 1875
11919–1919
Frost v. Redford neutral
moctapp · 1893
11914–1914
St. Louis, Memphis & Southeastern Railroad v. Aubuchon neutral
mo · 1906
11908–1908
Commonwealth v. McNamee neutral
mass · 1873
11895–1895
Clements v. Greenwell neutral
moctapp · 1890
11891–1891

Where else courts name it

TX 261 (1891–2026) CA 206 (1867–2026) GA 203 (1900–2026) LA 124 (1925–2024) NY 105 (1862–2022) IL 90 (1893–2026) AL 87 (1880–2025) FL 63 (1893–2023) PA 56 (1842–2024) IA 56 (1879–2026) MA 50 (1894–2026) MO 49 (1891–2024) OR 35 (1914–2026) UT 31 (1989–2026) IN 30 (1876–2026) OH 30 (1928–2025) NM 29 (1927–2024) CT 28 (1963–2021) TN 27 (1899–2025) MD 26 (1883–2025) MI 26 (1880–2025) CO 26 (1918–2025) NC 25 (1889–2024) NJ 24 (1935–2021) WA 24 (1905–2025) AZ 24 (1935–2023) VA 21 (1901–2024) DC 21 (1947–2022) KS 20 (1897–2026) AR 16 (1989–2025) MS 14 (1985–2017) SC 14 (1916–2025) ME 14 (1959–2019) WI 14 (1900–2017) AK 13 (1978–2018) KY 12 (1960–2020) OK 12 (1916–2021) WV 11 (1956–2022) ID 9 (1885–2019) WY 8 (1931–2015) NV 8 (1963–2020) VT 8 (1905–2000) SD 8 (1909–2025) MT 8 (1978–2022) NH 7 (1970–2020) MN 6 (1906–2009) NE 5 (1948–2024) RI 4 (2000–2016) HI 4 (1928–2014) DE 2 (1966–1966)

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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