# Sours v. State

> Supreme Court of Missouri · January 15, 1980 · 593 S.W.2d 208

URL: https://www.frixlaw.com/law-library/cases/9673135

## Case

- **Full name:** William Scott SOURS, Appellant, v. STATE of Missouri, Respondent
- **Court:** Supreme Court of Missouri
- **Decided:** January 15, 1980
- **Citations:** 593 S.W.2d 208; 1980 Mo. LEXIS 441
- **Precedential status:** Published
- **Opinion:** Dissent by Donnelly
- **Judges:** Welliver, Bardgett, Seiler, Morgan, Higgins, Rendlen, Donnelly
- **Cited by:** 138 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled by Missouri v. Hunter, 459 U.S. 359 (1983).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9673135

## 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, 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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9673135. Public record. Not legal advice.