16 Missouri opinions name it 2 courts 1984–2018 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 |
|---|---|---|
McNeal v. Stategreen2 sentences2015In McNeal , the movant filed a post-conviction motion following his convictions for burglary and stealing, alleging that his trial counsel was ineffective for failing to request a trespass instruction as a lesser-included offense of burglary. 412 S.W.3d at 888 . 2014We need not and do not determine whether voluntary manslaughter is a nested offense of conventional second-degree murder. 4 .See also McNeal v. State, 412 S.W.3d 886, 888-89 (Mo. banc 2013), where the 29.15 movant claimed that counsel was ineffective for not submitting a trespass instruction, leaving the jury with an all-or-nothing choice between a conviction for burglary or acquittal, and the jury chose conviction. | 2 | 4 |
Beck v. Alabamagreen2 sentences2016As our Supreme Court noted, where, like here, “‘one of the elements of the offense charged remains in doubt, but the defendant is plainly guilty of some offense, the jury is likely to resolve its doubts in favor of conviction.’” Id. at 892 (quoting Breakiron v. Horn, 642 F.3d 126, 138 (3rd Cir. 2011) (quoting Beck v. Alabama, 447 U.S. 625, 634 (1980))). 2013When “one of the elements of the offense charged remains in doubt, but the defendant is plainly guilty of some offense, the jury is likely to resolve its doubts in favor of conviction.” Breakiron at 126 , quoting Beck, 447 U.S. at 634 , 100 S.Ct. 2382 . | 1 | 2 |
State v. Frostgreen1 sentence2017The court of appeals encountered a similar situation in State v. Frost, 49 S.W.3d 212, 215-16 (Mo. App. 2001), in which the defendant was charged with, second-degree murder for- causing the death of a man by stabbing him. | 1 | 1 |
Breakiron v. Horngreen1 sentence2016As our Supreme Court noted, where, like here, “‘one of the elements of the offense charged remains in doubt, but the defendant is plainly guilty of some offense, the jury is likely to resolve its doubts in favor of conviction.’” Id. at 892 (quoting Breakiron v. Horn, 642 F.3d 126, 138 (3rd Cir. 2011) (quoting Beck v. Alabama, 447 U.S. 625, 634 (1980))). | 1 | 1 |
Love v. Stategreen1 sentence2016Love v. State, 670 S.W.2d 499, 502 (Mo. banc 1984); Thompson v. State, 437 S.W.3d 253, 260 (Mo App. W.D. 2014); Brock v. State, 242 S.W.3d 430, 433 (Mo. App. W.D. 2007). | 1 | 1 |
Fleshner v. Pepose Vision Institute, P.C.green2 sentences2016Fleshner v. Pepose Vision Inst., P.C., 304 S.W.3d 81, 91 (Mo. banc 2010). 2016Fleshner v. Pepose Vision Inst., P.C., 304 S.W.3d 81, 91 (Mo. banc 2010). ‘ McCall and Fleming also assert that the circuit court improperly submitted damages instructions based on MAI 4.02 rather than MAI 4.01. | 1 | 1 |
Brock v. Stategreen1 sentence2016Love v. State, 670 S.W.2d 499, 502 (Mo. banc 1984); Thompson v. State, 437 S.W.3d 253, 260 (Mo App. W.D. 2014); Brock v. State, 242 S.W.3d 430, 433 (Mo. App. W.D. 2007). | 1 | 1 |
Taqwa Thompson v. State of Missourigreen1 sentence2016Love v. State, 670 S.W.2d 499, 502 (Mo. banc 1984); Thompson v. State, 437 S.W.3d 253, 260 (Mo App. W.D. 2014); Brock v. State, 242 S.W.3d 430, 433 (Mo. App. W.D. 2007). | 1 | 1 |
State v. Hinsagreen2 sentences2013The court then cited State v. Hinsa, 976 S.W.2d 69, 73 (Mo.App.1998), for the proposition that when one enters a building and commits a crime, “there is no ambiguity in his purpose for entering, hence there is no basis for submitting trespass in the first degree.” The court reasoned that McNeal was not entitled to a trespass instruction because: Once the door was opened and it was apparent the apartment was empty there could have been no purpose at that point for [McNeal] to enter the apartment. [McNeal’s] defense was that he did not enter the apartment unlawfully because he thought Tracy live 2013The court then cited State v. Hinsa, 976 S.W.2d 69, 73 (Mo.App.1998), for the proposition that when one enters a building and commits a crime, “there is no ambiguity in his purpose for entering, hence there is no basis for submitting trespass in the first degree.” The court reasoned that McNeal was not entitled to a trespass instruction because: Once the door was opened and it was apparent the apartment was empty there could have been no purpose at that point for [McNeal] to enter the apartment. [McNeal’s] defense was that he did not enter the apartment unlawfully because he thought Tracy live | 1 | 1 |
State v. Madisongreen1 sentence2013See State v. Madison, 997 S.W.2d 16, 21 (Mo. banc 1999) (a jury is presumed to know and follow the instructions). | 1 | 1 |
Anderson v. Stategreen1 sentence2013Anderson v. State, 196 S.W.3d 28, 33 (Mo. banc 2006). | 1 | 1 |
Thomas v. City of Kansas Citygreen1 sentence2005Thomas , 92 S.W.3d. at 100. | 1 | 1 |
State v. Couviongreen1 sentence1987State v. Couvion, 655 S.W.2d 80, 83 (Mo.App.1983). | 1 | 1 |
Juralos v. Stategreen1 sentence1984Juralos v. State, 641 S.W.2d 445, 446 (Mo.App.1982). | 1 | 1 |
State v. Davisgreen1 sentence1984State v. Davis, 625 S.W.2d 903, 905-906 (Mo.App.1981). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cook v. DeSoto Fuels, Inc.
green
1 sentence2018Id. at 106 . | 1 | 2018–2018 |
David A. McNeal v. State of Missouri
green
1 sentence2017Id. at 844-45 . | 1 | 2017–2017 |
State of Missouri v. Bruce Pierce
green
1 sentence2017Smith’s counsel timely requested the trespass instruction, and the parties agree trespass in the first degree is a “nested” lesser included offense of ftrst- and second-degree burglary because it is composed of a subset of the elements-, of those offenses. 5 See Jackson, 433 S.W.3d at 404 . | 1 | 2017–2017 |
Strickland v. Washington
green
2 sentences2013McNeal is not entitled to post-conviction relief because he cannot show that there is “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694, 104 S.Ct. 2052 . 1 “A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Id. 2013McNeal is not entitled to post-conviction relief because he cannot show that there is “a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694, 104 S.Ct. 2052 . 1 “A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Id. | 1 | 2013–2013 |
Ogg v. Mediacom, L.L.C.
green
2 sentences2012In Ogg , we had to determine whether Respondent was entitled to summary judgment on the Oggs’ trespass claim based upon the fact that Respondent had obtained licenses from the Commission and a utility company to use the state highway right-of-way and utility poles on the Oggs’ property to install its fiber optic cables. 142 S.W.3d at 807-08 . 2012To determine whether Respondent had the authority to install its cable pursuant to the utility’s prescriptive easement on the Oggs’ property, we noted that “each claim to a prescriptive easement must be determined on its own peculiar facts.” Id. at 809 . | 1 | 2012–2012 |
Maryland Heights Leasing, Inc. v. Mallinckrodt, Inc.
green
1 sentence2008Id. at 224 . | 1 | 2008–2008 |
State v. Moore
green
1 sentence1993Appellant relies on State v. Moore, 729 S.W.2d 239 (Mo.App.1987), as supporting his point that the lesser included charge of trespass should have been submitted to the jury. | 1 | 1993–1993 |
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.
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.