green
Positive treatment
Issue: self-defense instructionMO ↗
Issue: house waiverMO ↗
Quoted verbatim 1×
38.2 score
G Cite
cited 2× by 2 distinct cases, 2019–2024 ·
…in cases where the defendant is the initial aggressor, the court is precluded from giving a self-defense instruction.
at p. 488
⚠ not in text
Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
State of Missouri v. Deon Montrell Rice
in cases where the defendant is the initial aggressor, the court is precluded from giving a self-defense instruction.
examined
Cited as authority (rule)
State of Missouri v. Keith L. Hill
(3×)
also: Cited "see"
“However, this standard does not require the Court to disregard all evidence contrary to giving the self-defense instruction.” State v. Tate, 561 S.W.3d 483, 487 (Mo. App. E.D. 2018) (citing Bruner, 541 S.W.3d at 534 n.2).
discussed
Cited as authority (rule)
STATE OF MISSOURI, Plaintiff-Respondent v. JEREMY DAMON GUEST
(2×)
also: Cited "see"
Viewing the record in total, we find no abuse of trial court discretion. 13 The State’s closing argument cannot seek to “inflame the passions or prejudices of the jury against a defendant.” State v. Tate, 561 S.W.3d 483, 491 (Mo. App. E.D. 2018) (quoting State v. Dominguez-Rodriguez, 471 S.W.3d 337, 350 (Mo. App. E.D. 2015)).
cited
Cited as authority (rule)
State of Missouri v. Monica C. Shoemaker
State v. Tate, 561 S.W.3d 483, 490 (Mo. App. E.D. 2018).
discussed
Cited as authority (rule)
State of Missouri v. Anthony Levar Sinks
See Section 563.031.1–2; Tate, 561 S.W.3d at 489 (noting that even a defendant who is not the initial aggressor is not entitled to a self-defense instruction unless the facts that would lead a reasonable person to believe that he was justified in using physical force to protect himself from the use or 20 ` imminent use of unlawful force).
cited
Cited as authority (rule)
State of Missouri v. Austin Joseph Campbell
State v. Tate, 561 S.W.3d 483, 490 (Mo. App. E.D. 2018).
Retrieving the full opinion text from the archive…
E.R.B., BY Next Friend S.L.B., and S.L.B. Individually
v.
A.M.K.
v.
A.M.K.
No. ED 106400.
Missouri Court of Appeals.
Nov 20, 2018.
561 S.W.3d 483
Dolan, Gaertner, Odenwald.
Published
PER CURIAM.
A.M.K. appeals the trial court's judgment and decree of paternity that awarded her and S.L.B. joint physical custody and joint legal custody of the parties' child. Finding that the trial court's judgment is supported by substantial evidence, is not against the weight of the evidence, and did not erroneously declare or apply the law, we affirm the judgment of the trial court.
No jurisprudential purpose would be served by a written opinion. However, we have provided the parties a memorandum setting forth the reasons for our decision. The judgment of the trial court is affirmed under Rule 84.16(b).