Opinion

Sours v. State

  • 593 S.W.2d 208
  • 1980 Mo. LEXIS 441
Court
Supreme Court of Missouri
Filed
Jan 15, 1980
Status
Published
Author
Donnelly
On the bench
Welliver, Bardgett, Seiler, Morgan, Higgins, Rendlen, Donnelly
Cited by
138 cases
Authority
More cited than 8.1%

Overruled by Missouri v. Hunter, 459 U.S. 359 (1983)

vacated ___ U.S. ___, 100 S.Ct. 2935, 64 L.Ed.2d 820 (1980)

How later courts described this case

  • vacated ___ U.S. ___, 100 S.Ct. 2935, 64 L.Ed.2d 820 (1980)
  • Notes on Use, p. 304-85, para. 3
  • decision vacated by order of the United States Supreme Court on May 27, 1980 and reconsideration ordered

Written by the judges who cited it.

Later courts went against this

  • Overruled by Missouri v. Hunter, 459 U.S. 359 (1983)

    However the holding in Sours was overruled in Missouri v. Hunter,-U.S.-, 103 S.Ct. 673, 74 L.Ed.2d 535 (1983).
    Supreme Court of the United StatesJan 19, 1983medium confidenceRead it

The opinion

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, 719 (Mo. banc 1979) (Donnelly, J., dissenting).

*224 Of course, in a given factual setting, when the United States Supreme Court 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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