claim of plain error (Missouri) · Go Syfert
← Missouri issues

claim of plain error in Missouri

188 Missouri opinions name it 2 courts 1983–2025 23 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (58)

CaseFollowedCited
State v. Browngreen
mo · 1995 · cited in 45 Missouri opinions naming this issue, 1995–2023
2 sentences

2023Id. “[U]nless a claim of plain error facially establishes substantial grounds for believing that ‘manifest injustice or miscarriage of justice has resulted,’ this Court will decline . . . to review for plain error under Rule 30.20.” State v. Brown, 902 S.W.2d 278, 284 (Mo. banc 1995).

2022“Plain error review is discretionary.” Id. at 526. “[U]nless a claim of plain error facially establishes substantial grounds for believing that ‘manifest injustice or miscarriage of justice has resulted,’ this Court will decline to exercise its discretion to review for plain error under Rule 30.20.” State v. Brown, 902 S.W.2d 278, 284 (Mo. banc 1995).

4045
State v. Wrightgreen
moctapp · 2007 · cited in 12 Missouri opinions naming this issue, 2009–2019
2 sentences

2019“A claim of plain error places a much greater burden on a defendant than an assertion of prejudicial error.” State v. Wright, 216 S.W.3d 196, 199 (Mo. App. 2007).

2019“A claim of plain error places a much greater burden on a defendant than an assertion of prejudicial error.” State v. Wright, 216 S.W.3d 196, 199 (Mo. App. 2007).

1212
State v. Chaneygreen
mo · 1998 · cited in 13 Missouri opinions naming this issue, 1999–2012
2 sentences

2003“Unless a claim of plain error facially establishes substantial grounds for believing that ‘manifest injustice or miscarriage of justice has resulted,’ this [cjoui't will decline to exercise its discretion to review for plain error under Rule 30.20.” Chaney, 967 S.W.2d at 59 (quoting State v. Roberts, 948 S.W.2d 577, 592 (Mo. banc 1997)).

2002“Unless a claim of plain error facially establishes substantial grounds for believing that ‘manifest injustice or miscarriage of justice has resulted,’ this [c]ourt will decline to exercise its discre *556 tion to review for plain error under Rule 30.20.” Chaney at 59 (quoting Roberts at 592 ).

1013
State v. Baxtergreen
mo · 2006 · cited in 10 Missouri opinions naming this issue, 2012–2025
2 sentences

2025“To obtain a new trial on direct appeal based on a claim of plain error, the appellant must show ‘the error was outcome determinative.’” State v. Wood, 580 S.W.3d 566 , 579 (Mo. banc 2019) (quoting State v. Baxter, 204 S.W.3d 650, 652 (Mo. banc 2006)).

2024“To obtain a new trial on direct appeal based on a claim of plain error, the appellant must show ‘the error was outcome determinative.’” Wood, 580 S.W.3d at 579 (quoting State v. Baxter, 204 S.W.3d 650, 652 (Mo. banc 2006)).

1010
State v. Eastgreen
moctapp · 1998 · cited in 5 Missouri opinions naming this issue, 2004–2011
2 sentences

2011M; State v. East, 976 S.W.2d 507, 509-10 (Mo.App.1998).

2009Id.; State v. East, 976 S.W.2d 507, 509-10 (Mo.App.1998).

55
State v. DeWeesegreen
moctapp · 2002 · cited in 4 Missouri opinions naming this issue, 2004–2011
2 sentences

2011State v. DeWeese, 79 S.W.3d 456, 457 (Mo.App.

2008State v. DeWeese, 79 S.W.3d 456, 457 (Mo.App.

44
State v. Bozarthgreen
moctapp · 2001 · cited in 6 Missouri opinions naming this issue, 2002–2004
2 sentences

2004To determine whether to conduct plain error review, this court first determines whether the claim of plain error facially “establishes substantial grounds for believing that manifest injustice or miscarriage of justice has occurred.” Id.

2003First, we determine “whether the claim of plain error is one that, on its face, establishes substantial grounds for believing that manifest injustice or miscarriage of justice has occurred.” State v. Bozarth, 51 S.W.3d 179, 181 (Mo.App.

36
State v. Whitegreen
moctapp · 2007 · cited in 4 Missouri opinions naming this issue, 2011–2015
2 sentences

2015However, if facially substantial grounds do not exist, this Court will decline to exercise its discretion to review the claim of plain error, Id. at 561 (“Rule 30.20 is no panacea which a criminal defendant can use to obtain appellate review of any alleged error that is unpreserved.”).

2011We will grant relief on a claim of plain error in closing argument only if the challenged statement had a “decisive effect on the jury.” State v. White, 247 S.W.3d 557, 563 (Mo.App.

34
State v. Rogersgreen
moctapp · 2001 · cited in 4 Missouri opinions naming this issue, 2005–2005
2 sentences

2005Under plain error review, an appellate court “should first examine whether the claim of plain error is one that, on its face, establishes substantial grounds for believing that manifest injustice or miscarriage of justice has occurred.” State v. Rogers, 51 S.W.3d 879, 880 (Mo.App.

2005Under plain error review, an appellate court “should first examine whether the claim of plain error is one that, on its face, establishes substantial grounds for believing that manifest injustice or miscarriage of justice has occurred.” State v. Rogers, 51 S.W.3d 879, 880 (Mo.App.

34
State v. Ropergreen
moctapp · 2004 · cited in 3 Missouri opinions naming this issue, 2012–2024
2 sentences

2024In other words, “[t]o hold that a miscarriage of justice or a manifest injustice occurred, we must determine that there is a reasonable probability that the jury's verdict would have been different, had the error not taken place.” State v. Roper, 136 S.W.3d 891, 903 (Mo. App. W.D. 2004).

2014The outcome of plain error review, furthermore, “depends heavily on the specific facts and circumstances of each case.” State v. Roper, 136 S.W.3d 891, 900 (Mo. App. 2004).

33
State v. Dowellgreen
moctapp · 2000 · cited in 3 Missouri opinions naming this issue, 2002–2008
2 sentences

2008“The rule makes it clear that not all prejudicial error — that is, reversible error — can be deemed plain error.” State v. Dowell, 25 S.W.3d 594, 606 (Mo.App.2000).

2003“The rule makes it clear that not all prejudicial error — that is, reversible error — can be deemed plain error.” State v. Dowell, 25 S.W.3d 594, 606 (Mo.App.2000).

33
Mayes v. Newberrygreen
scotus · 1995 · cited in 20 Missouri opinions naming this issue, 1996–2011
2 sentences

2008This court observed in the memorandum it provided in support of the order that affirmed movant’s conviction that Vinson’s testimony was that "she had pleaded guilty to a felony, the offense of forgery, in Jackson County, Missouri, before moving to the place where she resided at the time of trial.” 3 . "[U]nless a claim of plain error facially establishes substantial grounds for believing that 'manifest injustice or miscarriage of justice has resulted,’ [an appellate court] will decline to exercise its discretion to review for plain error under Rule 30.20.” State v. Roberts, 948 S.W.2d 577, 592

2003See State v. Lewis, 955 S.W.2d 563, 566 (Mo.App.1997). “[UJnless a claim of plain error facially establishes substantial grounds for believing that ‘manifest injustice or miscarriage of justice has resulted,’ this Court will decline to exercise its discretion to review for plain error under Rule 30.20.” State v. Brown, 902 S.W.2d 278, 284 (Mo. banc), cert. denied, 516 U.S. 1031 , 116 S.Ct. 679 , 133 L.Ed.2d 527 (1995) (emphasis added) (quoting Rule 30.20).

220
Wilkerson v. Mosleygreen
scotus · 1995 · cited in 13 Missouri opinions naming this issue, 1998–2011
2 sentences

2008This court observed in the memorandum it provided in support of the order that affirmed movant’s conviction that Vinson’s testimony was that "she had pleaded guilty to a felony, the offense of forgery, in Jackson County, Missouri, before moving to the place where she resided at the time of trial.” 3 . "[U]nless a claim of plain error facially establishes substantial grounds for believing that 'manifest injustice or miscarriage of justice has resulted,’ [an appellate court] will decline to exercise its discretion to review for plain error under Rule 30.20.” State v. Roberts, 948 S.W.2d 577, 592

2003See State v. Lewis, 955 S.W.2d 563, 566 (Mo.App.1997). “[UJnless a claim of plain error facially establishes substantial grounds for believing that ‘manifest injustice or miscarriage of justice has resulted,’ this Court will decline to exercise its discretion to review for plain error under Rule 30.20.” State v. Brown, 902 S.W.2d 278, 284 (Mo. banc), cert. denied, 516 U.S. 1031 , 116 S.Ct. 679 , 133 L.Ed.2d 527 (1995) (emphasis added) (quoting Rule 30.20).

213
Deck v. Stategreen
mo · 2002 · cited in 4 Missouri opinions naming this issue, 2008–2011
2 sentences

2011In the absence of an [outcome determinative error in a direct appeal], no manifest injustice or miscarriage of justice exists and the appellate court should decline to exercise its discretion to review the claim of plain error pursuant to Rule 30.20. [Deck v. State, 68 S.W.3d 418, 427-28 (Mo. banc 2002) ].

2011Id.

24
State v. Robertsgreen
mo · 1997 · cited in 4 Missouri opinions naming this issue, 1999–2008
2 sentences

2008This court observed in the memorandum it provided in support of the order that affirmed movant’s conviction that Vinson’s testimony was that "she had pleaded guilty to a felony, the offense of forgery, in Jackson County, Missouri, before moving to the place where she resided at the time of trial.” 3 . "[U]nless a claim of plain error facially establishes substantial grounds for believing that 'manifest injustice or miscarriage of justice has resulted,’ [an appellate court] will decline to exercise its discretion to review for plain error under Rule 30.20.” State v. Roberts, 948 S.W.2d 577, 592

2003“Unless a claim of plain error facially establishes substantial grounds for believing that ‘manifest injustice or miscarriage of justice has resulted,’ this [cjoui't will decline to exercise its discretion to review for plain error under Rule 30.20.” Chaney, 967 S.W.2d at 59 (quoting State v. Roberts, 948 S.W.2d 577, 592 (Mo. banc 1997)).

24
State v. McGuiregreen
moctapp · 2012 · cited in 3 Missouri opinions naming this issue, 2013–2023
2 sentences

2023Id; State v. Smith, 370 S.W.3d 891, 894 (Mo. App. E.D. 2012).

2013Where a claim of plain error “facially establishes substantial grounds for believing that manifest injustice or miscarriage of justice has resulted,” we may exercise review to determine whether such injustice actually occurred, Id.

23
State v. Brinkgreen
moctapp · 2006 · cited in 2 Missouri opinions naming this issue, 2014–2014
2 sentences

2014If the claim of plain error facially establishes grounds for believing that manifest injustice or a miscarriage of justice resulted, we may elect to exercise our discretion and proceed “ ‘to the second step to consider whether or not a miscarriage of justice or manifest injustice will occur if the error is left uncorrected.’ ” Warren, 304 S.W.3d at 799 (quoting State v. Brink, 218 S.W.3d 440, 448 (Mo.App.

2014If the claim of plain error facially establishes grounds for believing that manifest injustice or a miscarriage of justice resulted, we may elect to exercise our discretion and proceed “„to the second step to consider whether or not a miscarriage of justice or manifest injustice will occur if the error is left uncorrected.‟” Warren, 304 S.W.3d at 799 (quoting State v. Brink, 218 S.W.3d 440, 448 (Mo. App. W.D. 2006)).

22
State v. Brooksgreen
moctapp · 2005 · cited in 2 Missouri opinions naming this issue, 2006–2007
2 sentences

2007State v. Brooks, 158 S.W.3d 841, 853 (Mo.App.

2006“A claim of plain error alleging errors committed in closing arguments does not justify relief on appeal unless” the defendant proves that the error had “a decisive effect on the jury.” State v. Brooks, 158 S.W.3d 841, 853 (Mo.App.

22
State v. Schlupgreen
moctapp · 1990 · cited in 2 Missouri opinions naming this issue, 1993–2005
2 sentences

2005State v. Schlup, 785 S.W.2d 796, 802 (Mo.App.

1993The court in State v. Schlup, 785 S.W.2d 796, 802 (Mo.App.1990), stated, “[rjelief should rarely be granted on an assertion of plain error to matters contained in arguments because trial strategy looms as an important consideration and such assertions are generally denied without explication.” The court further stated that a claim of plain error alleging errors committed during closing arguments does not justify relief on appeal unless determined to have a decisive effect on the jury.

22
State v. Lewisgreen
moctapp · 1997 · cited in 2 Missouri opinions naming this issue, 2003–2003
22
State v. Howardgreen
moctapp · 1995 · cited in 2 Missouri opinions naming this issue, 2003–2003
22
State v. Valentinegreen
mo · 1983 · cited in 2 Missouri opinions naming this issue, 1993–1993
22
State v. Burgessgreen
mo · 1990 · cited in 2 Missouri opinions naming this issue, 1993–1993
22
State v. Shaffergreen
moctapp · 2008 · cited in 3 Missouri opinions naming this issue, 2012–2021
2 sentences

2021“In deciding whether or not to grant plain error review, this Court must first examine whether the claim of plain error is one that, on its face, establishes substantial grounds for believing that manifest injustice or miscarriage of justice has occurred.” State v. Shaffer, 251 S.W.3d 356, 358 (Mo. App. 2008).

2017“In the absence of an error of this magnitude, no manifest injustice or miscarriage of justice exists and the appellate court should decline to exercise its discretion to review the claim of plain error pursuant to Rule 30.20.” Shaffer, 251 S.W.3d at 358 .

13
State v. Ralstongreen
moctapp · 2013 · cited in 1 Missouri opinions naming this issue, 2024–2024
11
Harris v. Stategreen
moctapp · 2001 · cited in 1 Missouri opinions naming this issue, 2024–2024
11
State v. Deangreen
moctapp · 2012 · cited in 1 Missouri opinions naming this issue, 2024–2024
11
State v. Blackgreen
moctapp · 2017 · cited in 1 Missouri opinions naming this issue, 2024–2024
11
Anderson v. Stategreen
mo · 2006 · cited in 1 Missouri opinions naming this issue, 2024–2024
11
State v. Barrinergreen
mo · 2000 · cited in 1 Missouri opinions naming this issue, 2024–2024
11
STATE OF MISSOURI, Plaintiff-Respondent v. BOBBY GLEN ROSTgreen
moctapp · 2014 · cited in 1 Missouri opinions naming this issue, 2024–2024
11
State v. Claygreen
mo · 2017 · cited in 1 Missouri opinions naming this issue, 2023–2023
11
Strong v. American Cyanamid Co.green
moctapp · 2008 · cited in 1 Missouri opinions naming this issue, 2021–2021
11
State v. McFaddengreen
mo · 2012 · cited in 1 Missouri opinions naming this issue, 2019–2019
11
State v. Jenningsgreen
moctapp · 2010 · cited in 1 Missouri opinions naming this issue, 2019–2019
11
State v. Garrisongreen
moctapp · 2009 · cited in 1 Missouri opinions naming this issue, 2019–2019
11
State of Missouri v. Matthew R. Burnettgreen
moctapp · 2016 · cited in 1 Missouri opinions naming this issue, 2017–2017
11
State v. Castoegreen
moctapp · 2012 · cited in 1 Missouri opinions naming this issue, 2016–2016
11
State v. Calhoungreen
moctapp · 2008 · cited in 1 Missouri opinions naming this issue, 2016–2016
11
State of Missouri v. Thomas A. Essgreen
mo · 2015 · cited in 1 Missouri opinions naming this issue, 2015–2015
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (22)

CaseCitedYears
State v. Campbell green
moctapp · 2004
2 sentences

2009“If facially substantial grounds are not found to exist, the appellate court should decline to exercise its discretion to review the claim of plain error pursuant to Rule 30.20.” Id.

2007“If facially substantial grounds are not found to exist, the appellate court should decline to exercise its discretion to review the claim of plain error pursuant to Rule 30.20.” Id.

72007–2020
Rosenberg v. Arlington County Government green
scotus · 1998
2 sentences

2011Baumruk, 280 S.W.3d at 607 ; Edwards, 116 S.W.3d at 536-37 ; State v. Chaney, 967 S.W.2d 47, 59 (Mo. banc 1998), cert denied, 525 U.S. 1021 , 119 S.Ct. 551 , 142 L.Ed.2d 458 (1998).

2008State v. Chaney, 967 S.W.2d 47, 59 (Mo. banc 1998), cert. denied, 525 U.S. 1021 , 119 S.Ct. 551 , 142 L.Ed.2d 458 (1998).

52003–2011
Williams v. Francis green
scotus · 1998
2 sentences

2011Baumruk, 280 S.W.3d at 607 ; Edwards, 116 S.W.3d at 536-37 ; State v. Chaney, 967 S.W.2d 47, 59 (Mo. banc 1998), cert denied, 525 U.S. 1021 , 119 S.Ct. 551 , 142 L.Ed.2d 458 (1998).

2008State v. Chaney, 967 S.W.2d 47, 59 (Mo. banc 1998), cert. denied, 525 U.S. 1021 , 119 S.Ct. 551 , 142 L.Ed.2d 458 (1998).

52003–2011
Lockhart v. United States green
scotus · 1998
2 sentences

2011Baumruk, 280 S.W.3d at 607 ; Edwards, 116 S.W.3d at 536-37 ; State v. Chaney, 967 S.W.2d 47, 59 (Mo. banc 1998), cert denied, 525 U.S. 1021 , 119 S.Ct. 551 , 142 L.Ed.2d 458 (1998).

2008State v. Chaney, 967 S.W.2d 47, 59 (Mo. banc 1998), cert. denied, 525 U.S. 1021 , 119 S.Ct. 551 , 142 L.Ed.2d 458 (1998).

52003–2011
Strickland v. Washington green
scotus · 1984
2 sentences

1997We will, however, consider related claims of ineffective assistance of counsel for failure to preserve the alleged trial error under the test of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

1997We will, however, consider related claims of ineffective assistance of counsel for failure to preserve the alleged trial error under the test of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

41995–1997
State v. Taylor green
moctapp · 2005
2 sentences

2012Id. at 603 .

2011Id. at 603 .

32007–2012
State of Missouri v. Cornell McKay green
moctapp · 2014
2 sentences

2024Id.

2024Id.

22024–2024
State v. Warren green
moctapp · 2010
2 sentences

2014If the claim of plain error facially establishes grounds for believing that manifest injustice or a miscarriage of justice resulted, we may elect to exercise our discretion and proceed “ ‘to the second step to consider whether or not a miscarriage of justice or manifest injustice will occur if the error is left uncorrected.’ ” Warren, 304 S.W.3d at 799 (quoting State v. Brink, 218 S.W.3d 440, 448 (Mo.App.

2014If the claim of plain error facially establishes grounds for believing that manifest injustice or a miscarriage of justice resulted, we may elect to exercise our discretion and proceed “„to the second step to consider whether or not a miscarriage of justice or manifest injustice will occur if the error is left uncorrected.‟” Warren, 304 S.W.3d at 799 (quoting State v. Brink, 218 S.W.3d 440, 448 (Mo. App. W.D. 2006)).

22014–2014
State v. Clark green
moctapp · 2008
2 sentences

2009First, we must "determine whether the claim of plain error, on its face, establishes substantial grounds for believing that manifest injustice or miscarriage of justice has occurred." Id.

2009First, we must “determine whether the claim of plain error, on its face, establishes substantial grounds for believing that manifest injustice or miscarriage of justice has occurred.” Id.

22009–2009
State v. Johnson green
moctapp · 2004
2 sentences

2008Id.

2006Johnson, 150 S.W.3d at 136 .

22006–2008
Grado v. State green
mo · 2018
12024–2024
State v. Sinyard green
moctapp · 2009
12023–2023
State v. Harris green
moctapp · 2005
12021–2021
State v. Jones green
mo · 2014
12020–2020
McGuire v. Kenoma, LLC green
moctapp · 2012
12013–2013
State v. Conn green
moctapp · 1997
12012–2012
State v. Baumruk green
mo · 2009
12011–2011
State v. Edwards green
moctapp · 2009
12011–2011
State v. Edwards green
mo · 2003
12011–2011
State v. Golden green
moctapp · 2007
12009–2009
Care and Treatment of Heikes v. State green
moctapp · 2005
12009–2009
Libberton v. Arizona green
scotus · 1998
12008–2008

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 571.015 (24) MO § Mo. Rev. Stat. § 558.016 (15) MO § Mo. Rev. Stat. § 566.062 (13) MO § Mo. Rev. Stat. § 566.010 (12) MO § Mo. Rev. Stat. § 565.020 (11) MO § Mo. Rev. Stat. § 491.075 (10) MO § Mo. Rev. Stat. § 565.050 (8) MO § Mo. Rev. Stat. § 195.010 (7) MO § Mo. Rev. Stat. § 565.021 (7) MO § Mo. Rev. Stat. § 566.030 (7) MO § Mo. Rev. Stat. § 566.060 (7) MO § Mo. Rev. Stat. § 571.030 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 351 (1999–2026) MO 188 (1983–2025) UT 51 (1990–2026) IL 30 (2010–2026) CT 23 (1988–2026) GA 15 (2015–2026) WY 9 (1977–2020) OR 9 (2004–2026) AK 8 (1974–2021) NJ 7 (1962–2021) CO 6 (1986–2012) AL 6 (2000–2017) NM 5 (1986–2023) VT 4 (2010–2023) DC 4 (1981–2015) TN 3 (1999–2025) OK 2 (2016–2016) DE 2 (2001–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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