Legal Opinion

State v. Tate

Missouri Court of Appeals

Decided April 23, 2019No. ED 106093PublishedCited by 3 opinions

1Opinion of the CourtKurt S. Odenwald, Presiding Judge

Introduction

Brandon Tate ("Tate") appeals from the trial court's judgment, entered after a jury found him guilty of one count of first-degree murder, two counts of armed criminal action, and one count of unlawful use of a weapon. In his sole point on appeal, Tate alleges that the trial court plainly erred in failing to sua sponte disqualify trial counsel due to an apparent conflict of interest. Because Tate's argument is not cognizable on direct appeal, we deny Tate's appeal and affirm the judgment of the trial court.

Factual and Procedural History

Tate was tried in September of 2017 for crimes…

2Cases cited16 opinions

  1. Cuyler v. SullivanSupreme Court of the United States · 1980
  2. Holloway v. ArkansasSupreme Court of the United States · 1978
  3. Mickens v. TaylorSupreme Court of the United States · 2002
  4. Robert Moss (99-1951 01-1797) and Ronald Kohn (01-1610) v. United StatesCourt of Appeals for the Sixth Circuit · 2003
  5. State of Missouri v. Demetrick TaylorSupreme Court of Missouri · 2015

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3Cited by3 opinions

  1. In Re Marty Berry and Axis Midstream Holdings, LLC v. the State of Texas, Texas Court of Appeals, 15th District2025
  2. In Re Marty Berry and Axis Midstream Holdings, LLC v. the State of Texas, Texas Court of Appeals, 15th District2025
  3. State of Missouri v. David A. HarrisMissouri Court of Appeals · 2023

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