6 Missouri opinions name it 2 courts 2010–2024 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.
| Case | Followed | Cited |
|---|---|---|
Howarth v. State, Public Defender Agencygreen1 sentence2013See, e.g., Howarth v. State Public Defender Agency, 925 P.2d 1330, 1332-33 (Alaska 1996) (holding that the legal cause of the plaintiff's sentence was his own intentional criminal conduct, despite the fact that his defense attorney’s conduct as to sentencing was negligent); Lynch v. Warwick, 95 Cal.App.4th 267 , 115 Cal.Rptr.2d 391, 397 (2002) (holding that "the actual innocence requirement for a criminal legal malpractice cáse applies regardless of whether the former criminal defendant is seeking damages for a wrongful conviction, a longer sentence, or for attorney fees”); Paulsen v. Cochran, | 1 | 1 |
Paulsen v. Cochrangreen2 sentences2013See, e.g., Howarth v. State Public Defender Agency, 925 P.2d 1330, 1332-33 (Alaska 1996) (holding that the legal cause of the plaintiff's sentence was his own intentional criminal conduct, despite the fact that his defense attorney’s conduct as to sentencing was negligent); Lynch v. Warwick, 95 Cal.App.4th 267 , 115 Cal.Rptr.2d 391, 397 (2002) (holding that "the actual innocence requirement for a criminal legal malpractice cáse applies regardless of whether the former criminal defendant is seeking damages for a wrongful conviction, a longer sentence, or for attorney fees”); Paulsen v. Cochran, 2013See, e.g., Howarth v. State Public Defender Agency, 925 P.2d 1330, 1332-33 (Alaska 1996) (holding that the legal cause of the plaintiff's sentence was his own intentional criminal conduct, despite the fact that his defense attorney’s conduct as to sentencing was negligent); Lynch v. Warwick, 95 Cal.App.4th 267 , 115 Cal.Rptr.2d 391, 397 (2002) (holding that "the actual innocence requirement for a criminal legal malpractice cáse applies regardless of whether the former criminal defendant is seeking damages for a wrongful conviction, a longer sentence, or for attorney fees”); Paulsen v. Cochran, | 1 | 1 |
Lynch v. Warwickgreen2 sentences2013See, e.g., Howarth v. State Public Defender Agency, 925 P.2d 1330, 1332-33 (Alaska 1996) (holding that the legal cause of the plaintiff's sentence was his own intentional criminal conduct, despite the fact that his defense attorney’s conduct as to sentencing was negligent); Lynch v. Warwick, 95 Cal.App.4th 267 , 115 Cal.Rptr.2d 391, 397 (2002) (holding that "the actual innocence requirement for a criminal legal malpractice cáse applies regardless of whether the former criminal defendant is seeking damages for a wrongful conviction, a longer sentence, or for attorney fees”); Paulsen v. Cochran, 2013See, e.g., Howarth v. State Public Defender Agency, 925 P.2d 1330, 1332-33 (Alaska 1996) (holding that the legal cause of the plaintiff's sentence was his own intentional criminal conduct, despite the fact that his defense attorney’s conduct as to sentencing was negligent); Lynch v. Warwick, 95 Cal.App.4th 267 , 115 Cal.Rptr.2d 391, 397 (2002) (holding that "the actual innocence requirement for a criminal legal malpractice cáse applies regardless of whether the former criminal defendant is seeking damages for a wrongful conviction, a longer sentence, or for attorney fees”); Paulsen v. Cochran, | 1 | 1 |
Belford v. McHale Cook & Welchgreen1 sentence2013See, e.g., Howarth v. State Public Defender Agency, 925 P.2d 1330, 1332-33 (Alaska 1996) (holding that the legal cause of the plaintiff's sentence was his own intentional criminal conduct, despite the fact that his defense attorney’s conduct as to sentencing was negligent); Lynch v. Warwick, 95 Cal.App.4th 267 , 115 Cal.Rptr.2d 391, 397 (2002) (holding that "the actual innocence requirement for a criminal legal malpractice cáse applies regardless of whether the former criminal defendant is seeking damages for a wrongful conviction, a longer sentence, or for attorney fees”); Paulsen v. Cochran, | 1 | 1 |
Brock v. Stategreen1 sentence2011Requesting an instruction for second-degree tampering would have been inconsistent with his innocence defense, and counsel “had no duty to request an instruction that would undermine the entire theory of the case presented at trial.” Brock v. State, 242 S.W.3d 430, 434 (Mo.App. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
1 sentence2024Id. at 703 . 82. | 1 | 2024–2024 |
Kuehne v. Hogan
green
2 sentences2018The Kuehne court found "that the public policy concerns underlying the actual innocence requirement in the context of a malpractice suit against a criminal trial attorney apply equally to cases involving a criminal defendant's post-conviction counsel." Id. at 342 . 2018The Kuehne court concluded that the defendant's "innocence of the criminal charges for which he was convicted [was] essential to satisfy the causation element of his claim." Id. | 1 | 2018–2018 |
Ex Parte Robbins
green
1 sentence2015Id. at 457-58 . | 1 | 2015–2015 |
Schlup v. Delo
red
2 sentences2015In Schlup , the United States Supreme Court broadly described “new evidence” in the context of an actual innocence claim 24 as “new reliable evidence — whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence — that was not presented at trial.” 513 U.S. at 324 , 115 S.Ct. 851 (emphasis added). 2015In Schlup , the United States Supreme Court broadly described “new evidence” in the context of an actual innocence claim 24 as “new reliable evidence — whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence — that was not presented at trial.” 513 U.S. at 324 , 115 S.Ct. 851 (emphasis added). | 1 | 2015–2015 |
Tallmadge v. Boyle
green
2 sentences2010Id. 2010Id. | 1 | 2010–2010 |
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.