basis of instructional error (Missouri) · Go Syfert
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basis of instructional error in Missouri

14 Missouri opinions name it 2 courts 1987–2025 3 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 (5)

CaseFollowedCited
State of Missouri v. Joshua O'Keefegreen
moctapp · 2023 · cited in 1 Missouri opinions naming this issue, 2025–2025
1 sentence

2025Id. at 626.

11
Romeo v. Jonesgreen
moctapp · 2004 · cited in 1 Missouri opinions naming this issue, 2019–2019
1 sentence

2019Romeo v. Jones, 144 S.W.3d 324, 330 (Mo. App. E.D. 2004).

11
State v. Pattersongreen
moctapp · 2000 · cited in 1 Missouri opinions naming this issue, 2010–2010
1 sentence

2010“Viewed favorably to the result below ...,” State v. Patterson, 18 S.W.3d 474, 476 (Mo.App.2000), the evidence adduced at trial shows that Appellant and his wife, Judy Lewis (“Victim”), as well as Marsha Sumrall (“Ms. Sumrall”) and Ms. Sumrall’s toddler, Lani, were all staying at a trailer home owned by Appellant and Victim. 3 On March 13, 2007, at around 2:00 p.m.

11
Patton v. May Department Stores Co.green
mo · 1988 · cited in 1 Missouri opinions naming this issue, 1996–1996
1 sentence

1996A case should be reversed on the basis of instructional error only when the error “materially affects the merits of the action.” Patton v. May Dep’t Stores Co., 762 S.W.2d 38, 42 (Mo. banc 1988).

11
Seales v. Stategreen
mo · 1979 · cited in 1 Missouri opinions naming this issue, 1987–1987
1 sentence

1987In order for movant to prevail on his claim that he was denied effective assistance of counsel he must demonstrate that *732 counsel “fail[ed] to exercise the customary skills and diligence that a reasonably competent attorney would perform under similar circumstances and that he was prejudiced thereby.” Seales v. State, 580 S.W.2d 733, 736 [3] (Mo. banc 1979).

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 (9)

CaseCitedYears
Jessica Chavez v. Cedar Fair, LP green
mo · 2014
2 sentences

2022Chavez, 450 S.W.3d at 294 .

2019We will only vacate a judgment on the basis of instructional error if the error materially affected the merits of the action. 4 Chavez, 450 S.W.3d at 294 .

22019–2022
Hayes v. Price green
mo · 2010
2 sentences

2025“The party challenging the instruction has the burden of showing the instruction misdirected, misled, or confused the jury, thereby resulting in prejudice.” Id.

2025“We will only vacate a judgment on the basis of instructional error if the error materially affected the merits of the action.” Id.

12025–2025
State of Missouri v. Keith B. Hudson green
moctapp · 2019
1 sentence

2020Id. at 807-09 .

12020–2020
Edgerton v. Morrison green
mo · 2009
1 sentence

2020We will only reverse a jury verdict on the basis of instructional error “if the offending instruction misdirected, misled, or confused the jury, resulting in prejudice to the party challenging the instruction.” Id. (internal quotation omitted).

12020–2020
Heshion Motors, Inc. v. Western International Hotels green
moctapp · 1980
1 sentence

2018Int'l Hotels , 600 S.W.2d 526 , 534 (Mo. App. W.D. 1980) ).

12018–2018
Peters v. ContiGroup green
moctapp · 2009
1 sentence

2018Though our review of the trial court's ruling granting a new trial on the basis of instructional error is affirmed on that basis alone, we note ex gratia that appellants' other claims of error relating to the misstatements of law in closing argument that the trial court noted in its ruling are also without merit. " '[M]isstatements of the law are impermissible during closing argument, and a positive and absolute duty ... rests upon the trial judge to restrain such arguments.' " Peters v. ContiGroup , 292 S.W.3d 380 , 390-91 (Mo. App. W.D. 2009) (quoting Heshion Motors, Inc. v. W.

12018–2018
State v. Caperton green
mo · 1918
1 sentence

2015Nevertheless, the Court noted that — even though the defendant never claimed that the use of his false testimony to the grand jury was a violation of his constitutional privilege against self-incrimination— that objection (had he made it) "ought to have been sustained.” Caperton, 207 S.W. at 796 .

12015–2015
Fleshner v. Pepose Vision Institute, P.C. green
mo · 2010
1 sentence

2014To reverse on the basis of instructional error, “the party challenging the instruction must show that: (1) the- instruction as submitted misled, misdirected, or confused the jury; and (2) prejudice resulted from the instruction.” Id. at 90-91 .

12014–2014
State v. Cayson green
moctapp · 1987
1 sentence

2005In Cayson , the western district of this court applied the principles of Blackledge and its progeny when the State filed a higher charge as well as additional charges after the defendant’s motion for a new trial was sustained on the basis of instructional error. 747 S.W.2d at 157 .

12005–2005

Where else courts name it

CA 21 (1991–2024) MO 14 (1987–2025) MI 5 (1993–2023) IN 4 (2012–2013) CT 2 (2007–2009)

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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