47 Missouri opinions name it 2 courts 1905–2020 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 |
|---|---|---|
R.W. v. Sandersgreen2 sentences2016The State also argues that the discussion of the rule of lenity in J.S. v. Beaird has been overruled by later Supreme Court decisions. •, Those later decisions have held that the sexual offender registration statutes are not subject to constitutional prohibitions on ex post facto laws, and may be applied to persons convicted prior to the enactment of the registration statutes, because, the registration statutes are “civil and not punitive.” Roe v. Replogle, 408 S.W.3d 759, 767 (Mo.banc 2013); see also Doe v. Phillips, 194 S.W.3d 833, 842 (Mo.banc 2006); R.W. v. Sanders, 168 S.W.3d 65, 69-70 (M 2007R.W. v. Sanders, 168 S.W.3d 65, 68 (Mo. banc 2005). | 2 | 2 |
Mallett v. Stategreen2 sentences2015Mallett v. State, 769 S.W.2d 77, 83 (Mo. banc 1989). 2015Id, Discussion The standard for reviewing a claim of ineffective assistance of appellate counsel is essentially the same as that used in a claim against trial counsel, Mallett v. State, 769 S.W.2d 77, 83 (Mo. banc 1989). | 2 | 2 |
Murphy v. Carrongreen2 sentences2007Scope of Review and Discussion The standard of review here is under Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). 2003DISCUSSION Our standard of review in a dissolution case is governed by Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). | 2 | 2 |
Baker v. Welborngreen2 sentences2003See, e.g., Baker v. Welborn, 77 S.W.3d 711, 715-19 (Mo.App.2002). 2003See, e.g., Baker v. Welborn, 77 S.W.3d 711, 715-19 (Mo.App.2002). | 2 | 2 |
Roe v. Reploglegreen1 sentence2016The State also argues that the discussion of the rule of lenity in J.S. v. Beaird has been overruled by later Supreme Court decisions. •, Those later decisions have held that the sexual offender registration statutes are not subject to constitutional prohibitions on ex post facto laws, and may be applied to persons convicted prior to the enactment of the registration statutes, because, the registration statutes are “civil and not punitive.” Roe v. Replogle, 408 S.W.3d 759, 767 (Mo.banc 2013); see also Doe v. Phillips, 194 S.W.3d 833, 842 (Mo.banc 2006); R.W. v. Sanders, 168 S.W.3d 65, 69-70 (M | 1 | 1 |
Doe v. Phillipsgreen1 sentence2016The State also argues that the discussion of the rule of lenity in J.S. v. Beaird has been overruled by later Supreme Court decisions. •, Those later decisions have held that the sexual offender registration statutes are not subject to constitutional prohibitions on ex post facto laws, and may be applied to persons convicted prior to the enactment of the registration statutes, because, the registration statutes are “civil and not punitive.” Roe v. Replogle, 408 S.W.3d 759, 767 (Mo.banc 2013); see also Doe v. Phillips, 194 S.W.3d 833, 842 (Mo.banc 2006); R.W. v. Sanders, 168 S.W.3d 65, 69-70 (M | 1 | 1 |
Self v. Midwest Orthopedics Foot & Ankle, P.C.green1 sentence2016See Self v. Midwest Orthopedics Foot & Ankle, P.C., 272 S.W.3d 364, 367 (Mo.App.W.D.2008). | 1 | 1 |
Rodgers v. Stategreen1 sentence2015Employer takes issue with the Commission's discussion of the principle articulated in Hart v. Impey, 382 S.W.3d 918, 921 (Mo.App. | 1 | 1 |
Pitts v. Williamsgreen2 sentences2011See Pitts v. Williams, 315 S.W.3d 755 (Mo. App. W.D.2010), for this court’s discussion of the error of the motion court’s analysis relating to the discoverability of the investigative records as well as the majority’s discussion today regarding Mother’s right to accessibility of the investigative records in question. . 2011Mother merely wanted to rebut the "why" behind the "substantiation" since the motion court had indicated that it was going to rely upon the "why" contained in the investigative records. [8] See Pitts v. Williams, 315 S.W.3d 755 (Mo. App. W.D.2010), for this court's discussion of the error of the motion court's analysis relating to the discoverability of the investigative records as well as the majority's discussion today regarding Mother's right to accessibility of the investigative records in question. [9] Though the motion court's judgment meticulously summarizes the evidence, including opin | 1 | 1 |
Mulrooney v. Obeargreen2 sentences2009See Mulrooney v. Obear, 171 Mo. 613 , 71 S.W. 1019, 1021 (Mo.1903), for a discussion of the factors used to determine the ownership of meters and supply pipes. 2009See Mulrooney v. Obear, 171 Mo. 613 , 71 S.W. 1019, 1021 (Mo.1903), for a discussion of the factors used to determine the ownership of meters and supply pipes. | 1 | 1 |
Dhyne v. State Farm Fire & Casualty Co.green1 sentence2007Co., 188 S.W.3d 454, 458 (Mo. banc 2006). *688 Discussion This claim is based on the following instruction submitted by Durley: 4 Your verdict must be for plaintiff Michael Durley, on his claim that the Board of Police Commissioners deprived him of his Constitutional right to due process of law if you believe: First, the police seized Plaintiffs [property], and Second, at some point subsequent to the seizure it became apparent that the [property] was not contraband or required as evidence in a court proceeding, and Third, after it was apparent that the [property] was not contraband or required | 1 | 1 |
Otte v. Langley's Lawn Care, Inc.green1 sentence2006Otte v. Langley’s Lawn Care, 66 S.W.3d 64, 70 (Mo.App. | 1 | 1 |
In Re PLOgreen1 sentence2005See In re P.L.O., 131 S.W.3d 782, 788-89 (Mo. banc 2004). | 1 | 1 |
Baldridge v. Inter-River Drainage District of Missourigreen1 sentence2005Of Mo., 645 S.W.2d 139, 140 (Mo.App.1982). | 1 | 1 |
Gott v. First Midwest Bank of Dextergreen1 sentence2001Jones Const. Co., 841 S.W.2d 703, 713 (Mo. App.1992)." Gott, 963 S.W.2d at 437-38 [16] For a discussion of the exception to this principle involving matters of public interest likely to recur, see State ex rel. | 1 | 1 |
State v. MO. PUBLIC SERVICE COM'Ngreen2 sentences2001Missouri Cable Television Ass’n v. Missouri Public Service Com’n, 917 S.W.2d 650, 652 (Mo.App.1996), and Citizens for Safe Waste Management v. St. 2001Missouri Cable Television Ass'n v. Missouri Public Service Com'n, 917 S.W.2d 650, 652 (Mo.App.1996), and Citizens for Safe Waste Management v. St. | 1 | 1 |
Division of Employment Security v. Gardner-Denver MacHinery, Inc.green2 sentences2001Division of Employment Security v. Gardner-Denver Machinery, Inc., 941 S.W.2d 13, 14 (Mo.App. 2001Division of Employment Security v. Gardner-Denver Machinery, Inc., 941 S.W.2d 13, 14 (Mo.App. | 1 | 1 |
Blaine v. J.E. Jones Construction Co.green1 sentence2001Jones Const. Co., 841 S.W.2d 703, 713 (Mo. App.1992)." Gott, 963 S.W.2d at 437-38 [16] For a discussion of the exception to this principle involving matters of public interest likely to recur, see State ex rel. | 1 | 1 |
State v. Blairgreen1 sentence1990See State v. Blair, 638 S.W.2d 739, 750 (Mo. banc 1982), for a discussion of factors influencing the determination of whether a consent to search was given voluntarily or was coerced. | 1 | 1 |
Hasemeier v. Smithgreen1 sentence1988The seminal case in Missouri addressing this issue is Hasemeier v. Smith, 361 S.W.2d 697, 700 (Mo. banc 1962), wherein the Supreme Court stated: Res ipsa loquitur is a rule of evidence whereby a submissible issue of negligence may be made by adducing a particular kind of circumstantial evidence, viz., by showing the fact of an occurrence which, because of its character and circumstances, permits a jury to draw a rebuttable inference, based on the common knowledge or experience of laymen, that the causes of the occurrence in question do not ordinarily exist in the absence of negligence on the p | 1 | 1 |
| State v. Reagangreen | 1 | 1 |
| State v. Whitegreen | 1 | 1 |
| Carter v. Skelly Oil Co.green | 1 | 1 |
| White v. Wilksgreen | 1 | 1 |
| Hannah v. Hannahgreen | 1 | 1 |
| Hardin v. Raygreen | 1 | 1 |
| State v. Creedgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Price v. State
green
1 sentence2020Our Supreme Court set out the following overview of Rule 29.15 in Price v. State, 422 S.W.3d 292 (Mo. banc 2014): [T]here is no federal constitutional right to post-conviction proceedings. [Pennsylvania v.] Finley, 481 U.S. [551,] 557, 107 S.Ct. 1990 [ 95 L.Ed.2d 539 (1987)]. | 1 | 2020–2020 |
Pennsylvania v. Finley
green
2 sentences2020Our Supreme Court set out the following overview of Rule 29.15 in Price v. State, 422 S.W.3d 292 (Mo. banc 2014): [T]here is no federal constitutional right to post-conviction proceedings. [Pennsylvania v.] Finley, 481 U.S. [551,] 557, 107 S.Ct. 1990 [ 95 L.Ed.2d 539 (1987)]. 2020Our Supreme Court set out the following overview of Rule 29.15 in Price v. State, 422 S.W.3d 292 (Mo. banc 2014): [T]here is no federal constitutional right to post-conviction proceedings. [Pennsylvania v.] Finley, 481 U.S. [551,] 557, 107 S.Ct. 1990 [ 95 L.Ed.2d 539 (1987)]. | 1 | 2020–2020 |
Schoemehl v. Treasurer of the State
green
1 sentence2017In Schoemehl, 217 S.W.3d at 900-01 , the Missouri Supreme Court held that the right to compensation for the permanent total disability of an injured employee, who dies from causes unrelated to the work injury, survives to the dependents of the injured employee. | 1 | 2017–2017 |
Deck v. Teasley
green
1 sentence2011In Deck v. Teasley, a motorist brought a negligence action against another motorist arising from an automobile accident. 322 S.W.3d at 537 . | 1 | 2011–2011 |
Seaman v. Seaman
green
1 sentence2009Seaman v. Seaman, 41 S.W.3d 889 (Mo.App. | 1 | 2009–2009 |
Edgington v. State
green
1 sentence2009Rule 75.01; Edgington, 189 S.W.3d at 706 . | 1 | 2009–2009 |
Premium Standard Farms, Inc. v. Lincoln Township
green
1 sentence2009It noted: The discussion and analysis of section 65.677, RSMo by the Missouri Supreme Court in Premium Standard Farms, Inc. v. Lincoln Township of Putnam County, 946 S.W.2d 234 (Mo. banc 1997) controls the decision of this case. | 1 | 2009–2009 |
Brown v. Mid-Central Fish Co.
green
2 sentences2005Brown v. Mid-Central Fish Co., 641 S.W.2d 785 (Mo.App.1982); Baldridge v. Inter-River Drainage Dist. 2005The majority, however, errs by sticking with a discussion of the rule and its exceptions rather than applying the plain language of the statute. [9] Brown v. Mid-Central Fish Co., 641 S.W.2d 785 (Mo.App.1982); Baldridge v. Inter-River Drainage Dist. | 1 | 2005–2005 |
Hampton v. Big Boy Steel Erection
green
1 sentence2004Reese and other cases cited in the discussion of our analysis were overruled on other grounds in Hampton, 121 S.W.3d at 222-23 . 3 . | 1 | 2004–2004 |
State Ex Rel. State Highway Commission v. Carlson
green
2 sentences1992State Highway Commission v. Carlson, supra. The weight of the mandate of the Plan should not be evaluated and ignored by an opinion of "reasonable probability". 1992State Highway Commission v. Carlson, supra. The weight of the mandate of the Plan should not be evaluated and ignored by an opinion of “reasonable probability”. | 1 | 1992–1992 |
| Koerper & Co. v. Unitel International, Inc. green | 1 | 1988–1988 |
| David v. Shippy green | 1 | 1985–1985 |
| State v. Gray green | 1 | 1982–1982 |
| In Re D____ green | 1 | 1981–1981 |
| Swon v. Huddleston green | 1 | 1981–1981 |
| Merideth v. Board of Education of Rockwood R-6 School District green | 1 | 1980–1980 |
| State v. Johnson green | 1 | 1978–1978 |
| State v. Arrington neutral | 1 | 1978–1978 |
| Hotchner v. Liebowits green | 1 | 1963–1963 |
| State v. Whipkey green | 1 | 1952–1952 |
| Fronk v. Fronk neutral | 1 | 1937–1937 |
| Houston v. Wilhite green | 1 | 1933–1933 |
| Carpenter v. Severin green | 1 | 1927–1927 |
| Roberts v. Moseley neutral | 1 | 1905–1905 |
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.