failure to include claim (Missouri) · Go Syfert
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failure to include claim in Missouri

6 Missouri opinions name it 2 courts 1973–2025 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 (1)

CaseFollowedCited
State v. Dravenstottgreen
moctapp · 2004 · cited in 1 Missouri opinions naming this issue, 2005–2005
2 sentences

2005State v. Dravenstott, 138 S.W.3d 186, 191 (Mo.App.2004).

2005Dravenstott, 138 S.W.3d at 191 .

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
Johnson v. State green
mo · 2011
1 sentence

2025Johnson, 333 S.W.3d at 471 ; see also Holman v. State, 694 S.W.3d 484 , 492 (Mo. App. 2024) (issues or allegations not included in the amended motion are waived on appeal); Roldan-Marron v. State, 678 S.W.3d 707 , 712 (Mo. App. 2023) (“the failure to include a claim in a Rule 29.15 motion is not remedied by either the presentation of evidence at a hearing or the refinement of a claim on appeal”); Rule 29.15(d) (stating that a movant waives any claim for relief known to movant that is not listed in the motion).

12025–2025
Louis Edward Mallow v. State of Missouri green
mo · 2014
1 sentence

2023Id.

12023–2023
Goudeaux v. Board of Police Commissioners green
moctapp · 2013
1 sentence

2019Id. (noting that the failure to include a claim of error in a motion for new trial preserves nothing for appellate review).

12019–2019
State v. Mickle green
moctapp · 2005
1 sentence

2014Mickle, 164 S.W.3d at 46 .

12014–2014
State v. Rowden neutral
mo · 1970
1 sentence

1973State v. Rowden, Mo. Sup., 452 S.W.2d 210 .

11973–1973

Where else courts name it

PA 29 (1994–2026) TX 29 (1993–2023) IL 14 (1927–2025) KS 7 (1995–2020) MO 6 (1973–2025) NY 6 (1980–2000) MI 5 (2001–2023) MS 3 (2000–2023) FL 3 (2016–2024) AZ 3 (1968–2007) WA 2 (1982–1998) KY 2 (1960–2008) CA 2 (2015–2025) NC 2 (1982–2026) ID 2 (1988–1999) OH 2 (2002–2012)

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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