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← 347 S.W.2d 177 - State v. Hurst

State v. Hurst’s Empirical Analysis

1961

Citation profile

7
cited by 7 later decisions
3
states following
September 1990
most recently cited

7 state decisions

How this case has been cited

Cited by 7 later decisions — most recently September 1990

7 state decisions

301961197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on State v. Thompson · State v. Cerny · State v. Cerny · State v. Campbell · State v. Smith

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““Appellant’s complaint that he was deprived of his right to be present in person at the hearing of his first motion to vacate (in 1954) must be rejected. He had no absolute right to be present. A proceeding under Rule 27.26 is not a step in appellant’s criminal proceedings, State v. Smith, Mo.Sup., 324 S.W.2d 707, 712 , entitling him as an accused in a criminal prosecution to the ‘right to appear and defend, in person * * * ’ under Constitution of Missouri 1945, Art. 1, § 18(a), V.A.M.S. A proceeding under Rule 27.26 is civil in nature. Whether a court has abused its discretion in proceeding with a civil case in the absence of a party depends upon the circumstances. Brown v. Stroeter, Mo.App. 263 S.W.2d 458 . No abuse of discretion in the 1954 proceeding has been shown. Appellant had an attorney. Evidence was presented. There is nothing to indicate that appellant had personal knowledge of any of the facts alleged therein or that his personal testimony was necessary to substantiate the motion. The circuit court properly ruled that petitioner-appellant is not entitled to relief.” State v. Hurst, 347 S.W.2d 177, 178 (Mo.1961).”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.