694 SW2D 723 - State v. Malone

How this case has been cited

Cited by 68 later decisions — most recently January 2019 · most notably State v. Rousan (1998), State v. Lingar (1987)

17 federal appellate · 50 state decisions

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.

DONNELLY, Judge,

¶1dissenting.

¶2In State v. Brizendine, 445 S.W.2d 827 (Mo. banc 1969), the majority of this Court noted 28 U.S.C. 2254 (the Federal Habeas Corpus Act) and advised the people of Missouri that its effect is to make this Court subservient to all courts of the United States in cases involving violations of the criminal laws of Missouri.

¶3Since Brizendine, and despite persistent urging after publication of Alexander M. Bickel’s The Morality of Consent in 1975, the majority of this Court has refused to repudiate the arrogations of Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401, 3 L.Ed.2d 5, 19 (1958).

¶4In this circumstance of self-imposed impotence, this Court, in criminal cases where violations of the United States Constitution are alleged, should withdraw from consideration of such cases until review by federal courts of such issues has been exhausted.

¶5In any event, the posturing in this case reference Grigsby serves no useful purpose.

¶6I respectfully dissent.