burden of showing both error (Missouri) · Go Syfert
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burden of showing both error in Missouri

17 Missouri opinions name it 1 courts 1981–2025 2 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 (11)

CaseFollowedCited
State v. Williamsgreen
moctapp · 1980 · cited in 3 Missouri opinions naming this issue, 1981–1983
2 sentences

1983Id. at 257 [4].

1983State v. Williams, 606 S.W.2d 254 [4] (Mo.App.1980).

23
State v. Adamsgreen
moctapp · 2011 · cited in 2 Missouri opinions naming this issue, 2019–2025
2 sentences

2025Though Boedecker summarily argues in her brief that the evidence of her methamphetamine use "had no probative value and a very prejudicial effect," she fails to address whether trial court error in admitting the evidence (even if assumed, arguendo) requires reversal of her convictions. "[I]t is well settled that 'a defendant seeking reversal has the burden of showing both error and resulting prejudice." Stafford, 589 S.W.3d at 712 (quoting State v. Adams, 350 S.W.3d 864, 866 (Mo. App. E.D. 2011)).

2019However, it is well settled that “a defendant seeking reversal has the burden of showing both error and resulting prejudice.” State v. Adams, 350 S.W.3d 864, 866 (Mo. App. E.D. 2011) (citing State v. Isa, 850 S.W.2d 876, 895 (Mo. banc 1993)).

22
State v. Isagreen
mo · 1993 · cited in 2 Missouri opinions naming this issue, 2011–2019
2 sentences

2019However, it is well settled that “a defendant seeking reversal has the burden of showing both error and resulting prejudice.” State v. Adams, 350 S.W.3d 864, 866 (Mo. App. E.D. 2011) (citing State v. Isa, 850 S.W.2d 876, 895 (Mo. banc 1993)).

2019No prejudice results unless “the erroneously admitted evidence so influenced the jury that, when considered with and balanced against all of the evidence properly admitted, there is a reasonable probability that the jury would have acquitted but for the erroneously admitted evidence.” Id. (quoting Johnson, 207 S.W.3d at 42 ); Forrest, 183 S.W.3d at 224 .

22
State v. Mintongreen
moctapp · 1989 · cited in 2 Missouri opinions naming this issue, 1990–1992
2 sentences

1992State v. Minton, 782 S.W.2d 134, 136 [1] (Mo.App.1989); State v. Reyes, 740 S.W.2d 257, 263 [4] (Mo.App.1987); State v. Lantigua, 652 S.W.2d 177, 178 [1] (Mo.App.1983); State v. Hankins, 612 S.W.2d 438, 439 [1] (Mo.App.1981).

1990State v. Minton, 782 S.W.2d 134, 136 (Mo.App.1989).

22
State v. Reyesgreen
moctapp · 1987 · cited in 2 Missouri opinions naming this issue, 1989–1992
2 sentences

1992State v. Minton, 782 S.W.2d 134, 136 [1] (Mo.App.1989); State v. Reyes, 740 S.W.2d 257, 263 [4] (Mo.App.1987); State v. Lantigua, 652 S.W.2d 177, 178 [1] (Mo.App.1983); State v. Hankins, 612 S.W.2d 438, 439 [1] (Mo.App.1981).

1989State v. Reyes, 740 S.W.2d 257, 263 (Mo.App.1987).

22
State v. Hankinsgreen
moctapp · 1981 · cited in 2 Missouri opinions naming this issue, 1987–1992
2 sentences

1992State v. Minton, 782 S.W.2d 134, 136 [1] (Mo.App.1989); State v. Reyes, 740 S.W.2d 257, 263 [4] (Mo.App.1987); State v. Lantigua, 652 S.W.2d 177, 178 [1] (Mo.App.1983); State v. Hankins, 612 S.W.2d 438, 439 [1] (Mo.App.1981).

1987State v. Hankins, 612 S.W.2d 438, 439 (Mo.App.1981).

22
State v. Bullingtongreen
moctapp · 1984 · cited in 2 Missouri opinions naming this issue, 1987–1987
2 sentences

1987State v. Bullington, 680 S.W.2d 238, 242 (Mo.App.1984).

1987State v. Bullington, 680 S.W.2d 238, 242 (Mo.App.1984).

22
State v. Lantiguagreen
moctapp · 1983 · cited in 2 Missouri opinions naming this issue, 1984–1992
2 sentences

1992State v. Minton, 782 S.W.2d 134, 136 [1] (Mo.App.1989); State v. Reyes, 740 S.W.2d 257, 263 [4] (Mo.App.1987); State v. Lantigua, 652 S.W.2d 177, 178 [1] (Mo.App.1983); State v. Hankins, 612 S.W.2d 438, 439 [1] (Mo.App.1981).

1984State v. Lantigua, 652 S.W.2d 177 (Mo.App.1983).

12
State v. Vernorgreen
moctapp · 1975 · cited in 2 Missouri opinions naming this issue, 1982–1986
2 sentences

1986A defendant claiming error in the reception of evidence has the burden of showing both error and prejudice.” State v. Vernor, 522 S.W.2d 312, 315 (Mo.App.1975).

1982“A defendant claiming error in the reception of evidence has the burden of showing both error and prejudice.” State v. Vernor, 522 S.W.2d 312 [l-4] (Mo.App.1975).

12
State v. Wrightgreen
moctapp · 2018 · cited in 1 Missouri opinions naming this issue, 2023–2023
1 sentence

2023State v. Wright, 551 S.W.3d 608, 616 (Mo. App. E.D. 2018); Tettamble, 720 S.W.2d at 742 .

11
State v. Wentlandgreen
moctapp · 1991 · cited in 1 Missouri opinions naming this issue, 1992–1992
1 sentence

1992State v. Rogers, 820 S.W.2d 567, 569 (Mo.App.1991).

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 (3)

CaseCitedYears
State v. Tettamble green
moctapp · 1986
1 sentence

2023State v. Wright, 551 S.W.3d 608, 616 (Mo. App. E.D. 2018); Tettamble, 720 S.W.2d at 742 .

12023–2023
State v. Johnson green
mo · 2006
1 sentence

2019No prejudice results unless “the erroneously admitted evidence so influenced the jury that, when considered with and balanced against all of the evidence properly admitted, there is a reasonable probability that the jury would have acquitted but for the erroneously admitted evidence.” Id. (quoting Johnson, 207 S.W.3d at 42 ); Forrest, 183 S.W.3d at 224 .

12019–2019
State v. Forrest green
mo · 2006
1 sentence

2019No prejudice results unless “the erroneously admitted evidence so influenced the jury that, when considered with and balanced against all of the evidence properly admitted, there is a reasonable probability that the jury would have acquitted but for the erroneously admitted evidence.” Id. (quoting Johnson, 207 S.W.3d at 42 ); Forrest, 183 S.W.3d at 224 .

12019–2019

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 571.015 (4)

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

MO 17 (1981–2025) CA 13 (2015–2026) SC 9 (1990–2017) MN 2 (1986–2019)

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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