# State v. Morgan

> Supreme Court of Missouri · January 15, 1980 · 592 S.W.2d 796

URL: https://www.frixlaw.com/law-library/cases/9653389

## Case

- **Full name:** STATE of Missouri, Respondent, v. Dennis Lee MORGAN, Appellant
- **Court:** Supreme Court of Missouri
- **Decided:** January 15, 1980
- **Citations:** 592 S.W.2d 796; 1980 Mo. LEXIS 409
- **Precedential status:** Published
- **Opinion:** Dissent by Donnelly
- **Judges:** Morgan, Bardgett, Seiler, Wel-Liver, Higgins, Donnelly, Rendlen
- **Cited by:** 80 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated on other grounds by Missouri v. Morgan, 449 U.S. 809 (1980).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9653389

## Opinion text

DONNELLY, Judge,
dissenting.
The principal opinion treats the Per Curiam in Harris v. Oklahoma, 433 U.S. 682 , 97 S.Ct. 2912 , 53 L.Ed.2d 1054 (1977) as decisive here.
In my view, we are not bound by general declarations of law made by the United States Supreme Court. See State v. Clark, 592 S.W.2d 709 (Mo. banc 1979) (Donnelly, J., dissenting) (1979).
Of course, in a given factual setting, when the United States Supreme Court *809 takes jurisdiction over the subject matter and the parties, its adjudication is the law of the case and its judgment is binding on this Court. But this is not the situation here.
I respectfully dissent.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9653389. Public record. Not legal advice.