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18 Missouri opinions name it 1 courts 2004–2019 0 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.
| Case | Followed | Cited |
|---|---|---|
State v. Kempkergreen2 sentences2007“The outcome of plain error review depends heavily on the specific facts and circumstances of each case.” Id. “ ‘Plain error will seldom be found in unobjected closing argument.’” State v. Vaughn, 32 S.W.3d 798, 800 (Mo.App.2000) (quoting State v. Kempker, 824 S.W.2d 909, 911 (Mo. banc 1992)). 2006“The outcome of plain error review depends heavily on the specific facts and circumstances of each case.” Id. “[P]lain error will seldom be found in unobjected closing argument.” State v. Kempker, 824 S.W.2d 909, 911 (Mo. banc 1992). | 2 | 2 |
State v. Ropergreen2 sentences2015“A criminal defendant seeking plain error review bears the burden of showing that plain error occurred and that it resulted in a manifest injustice or miscarriage of justice.” State v. Roper, 136 S.W.3d 891, 900 (Mo.App.W.D.2004) (citing State v. Williams, 9 S.W.3d 3, 12 (Mo.App.W.D.1999)). 2009"A criminal defendant seeking plain error review bears the burden of showing that plain error occurred and that it resulted in a manifest injustice or miscarriage of justice." Roper, 136 S.W.3d at 900 . | 1 | 7 |
State v. Williamsgreen2 sentences2015“A criminal defendant seeking plain error review bears the burden of showing that plain error occurred and that it resulted in a manifest injustice or miscarriage of justice.” State v. Roper, 136 S.W.3d 891, 900 (Mo.App.W.D.2004) (citing State v. Williams, 9 S.W.3d 3, 12 (Mo.App.W.D.1999)). 2013“A criminal defendant seeking plain error review bears the burden of showing that plain error occurred and that it resulted in a manifest injustice or miscarriage of justice.” Id. (citing Williams, 9 S.W.3d at 12 ). | 1 | 3 |
State v. Thomasgreen2 sentences2009“The outcome of plain error review depends heavily on the specific facts and circumstances of each case.” Id. “ ‘Instructional error seldom constitutes plain error, which requires a defendant to demonstrate more than mere prejudice.’ ” State v. Darden, 263 S.W.3d 760, 763 (Mo.App.2008) (quoting State v. Thomas, 75 S.W.3d 788, 791 (Mo.App. 2002)). “ ‘For instructional error to rise to the level of plain error, the trial court must have so misdirected or failed to instruct the jury that it is apparent to the appellate court that the instructional error affected the jury’s verdict.’ ” Id. “ ‘In d 2009“The outcome of plain error review depends heavily on the specific facts and circumstances of each case.” Id. “ ‘Instructional error seldom constitutes plain error, which requires a defendant to demonstrate more than mere prejudice.’ ” State v. Darden, 263 S.W.3d 760, 763 (Mo.App.2008) (quoting State v. Thomas, 75 S.W.3d 788, 791 (Mo.App. 2002)). “ ‘For instructional error to rise to the level of plain error, the trial court must have so misdirected or failed to instruct the jury that it is apparent to the appellate court that the instructional error affected the jury’s verdict.’ ” Id. “ ‘In d | 1 | 1 |
State v. Dardengreen1 sentence2009“The outcome of plain error review depends heavily on the specific facts and circumstances of each case.” Id. “ ‘Instructional error seldom constitutes plain error, which requires a defendant to demonstrate more than mere prejudice.’ ” State v. Darden, 263 S.W.3d 760, 763 (Mo.App.2008) (quoting State v. Thomas, 75 S.W.3d 788, 791 (Mo.App. 2002)). “ ‘For instructional error to rise to the level of plain error, the trial court must have so misdirected or failed to instruct the jury that it is apparent to the appellate court that the instructional error affected the jury’s verdict.’ ” Id. “ ‘In d | 1 | 1 |
State v. Stitesgreen1 sentence2009“A criminal defendant seeking plain error review bears the burden of showing that plain error occurred and that it resulted in a manifest injustice or miscarriage of justice.” State v. Stites, 266 S.W.3d 261, 266 (Mo.App. | 1 | 1 |
State v. Skippergreen1 sentence2008“The outcome of plain error review depends heavily on the specific facts and circumstances of each case.” Id. ‘“Review of jury instructions for plain error is discretionary.’ ” State v. Skipper, 101 S.W.3d 350, 355 (Mo.App.2003) (quoting State v. Johnson, 95 S.W.3d 221, 225 (Mo.App.2003)). | 1 | 1 |
State v. Johnsongreen1 sentence2008“The outcome of plain error review depends heavily on the specific facts and circumstances of each case.” Id. ‘“Review of jury instructions for plain error is discretionary.’ ” State v. Skipper, 101 S.W.3d 350, 355 (Mo.App.2003) (quoting State v. Johnson, 95 S.W.3d 221, 225 (Mo.App.2003)). | 1 | 1 |
State v. Vaughngreen1 sentence2007“The outcome of plain error review depends heavily on the specific facts and circumstances of each case.” Id. “ ‘Plain error will seldom be found in unobjected closing argument.’” State v. Vaughn, 32 S.W.3d 798, 800 (Mo.App.2000) (quoting State v. Kempker, 824 S.W.2d 909, 911 (Mo. banc 1992)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Scurlock
green
2 sentences2012“A criminal defendant seeking plain error review bears the burden of showing that plain error occurred and that it resulted in a manifest injustice or miscarriage of justice.” Id. 2008“A criminal defendant seeking plain error review bears the burden of showing that plain error occurred and that it resulted in a manifest injustice or miscarriage of justice.” Id. | 6 | 2006–2012 |
State v. Ray
green
2 sentences2019“A criminal defendant seeking plain error review bears the burden of showing that plain error occurred and that it resulted in a manifest injustice or miscarriage of justice.” Id. (quoting Ray, 407 S.W.3d at 170 ). 2019“A criminal defendant seeking plain error review bears the burden of showing that plain error occurred and that it resulted in a manifest injustice or miscarriage of justice.” Id. (quoting Ray, 407 S.W.3d at 170 ). | 1 | 2019–2019 |
State of Missouri v. Timothy T. McClendon
green
1 sentence2016Id. at 216-17 . | 1 | 2016–2016 |
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.