6 Missouri opinions name it 2 courts 2014–2018 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.
| Case | Followed | Cited |
|---|---|---|
Moore v. Stategreen2 sentences2016Id. at 229 . 'When this presumption arises, “a motion court must conduct a sufficient independent inquiry of a post-conviction movant’s claim ’of abandonment.” Id., citing McDaris v. State, 843 S.W.2d 369 , 371 n.1 (Mo. banc 1992); Moore v. State, 934 S.W.2d 289, 291-92 (Mo. banc 1996). [T]he trial court should ... inquire not only of postconviction counsel,- but ensure that movant is- informed of counsel’s response and given an opportunity to reply. 2014Moore, 934 S.W.2d 289, 291-92 ; McDaris, 843 S.W.2d at 371 n. 1. | 1 | 2 |
Pollard v. Stategreen1 sentence2016See Luleff, 807 S.W.2d at 498; Crenshaw v. State, 266 S.W.3d 257, 259 (Mo.banc 2008) (holding that where a mov-ant has been abandoned by post-conviction counsel, “the proper remedy is to put the movant in the place where the movant would have been if the abandonment had not occurred”). | 1 | 1 |
Crenshaw v. Stategreen1 sentence2016See Luleff, 807 S.W.2d at 498; Crenshaw v. State, 266 S.W.3d 257, 259 (Mo.banc 2008) (holding that where a mov-ant has been abandoned by post-conviction counsel, “the proper remedy is to put the movant in the place where the movant would have been if the abandonment had not occurred”). | 1 | 1 |
Charles K. Moore v. State of Missourigreen1 sentence2015See Moore, 458 S.W.3d at 825 ; Vogl, 437 S.W.3d at 229 . [W]hen the record raises a presumption of abandonment because appointed counsel has failed to comply with the requirements in Rule 24.035(e) that counsel filé-a timely amended motion' or a statement setting out facts that demonstrate counsel’s actions to ensure no amended motion is needed, a motion court must conduct a sufficient independent inquiry of a post-conviction mov-ant’s claim of abandonment. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mark D. Vogl v. State of Missouri
green
2 sentences2018Perkins nonetheless argues that appointed counsel's statement in lieu, though timely filed, created a presumption of abandonment because it otherwise failed to comply with the requirements of Rule 24.035(e). "[W]hen the record raises a presumption of abandonment because appointed counsel has failed to comply with the requirements in Rule 24.035(e) ... a motion court must conduct a sufficient independent inquiry of a postconviction movant's claim of abandonment." Vogl , 437 S.W.3d at 229 . 2016Id. at 229 . 'When this presumption arises, “a motion court must conduct a sufficient independent inquiry of a post-conviction movant’s claim ’of abandonment.” Id., citing McDaris v. State, 843 S.W.2d 369 , 371 n.1 (Mo. banc 1992); Moore v. State, 934 S.W.2d 289, 291-92 (Mo. banc 1996). [T]he trial court should ... inquire not only of postconviction counsel,- but ensure that movant is- informed of counsel’s response and given an opportunity to reply. | 4 | 2015–2018 |
McDaris v. State
green
2 sentences2016Id. at 229 . 'When this presumption arises, “a motion court must conduct a sufficient independent inquiry of a post-conviction movant’s claim ’of abandonment.” Id., citing McDaris v. State, 843 S.W.2d 369 , 371 n.1 (Mo. banc 1992); Moore v. State, 934 S.W.2d 289, 291-92 (Mo. banc 1996). [T]he trial court should ... inquire not only of postconviction counsel,- but ensure that movant is- informed of counsel’s response and given an opportunity to reply. 2014Moore, 934 S.W.2d 289, 291-92 ; McDaris, 843 S.W.2d at 371 n. 1. | 2 | 2014–2016 |
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.