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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.
| Case | Followed | Cited |
|---|---|---|
State of Missouri v. Joshua O'Keefegreen1 sentence2025Id. at 626. | 1 | 1 |
Romeo v. Jonesgreen1 sentence2019Romeo v. Jones, 144 S.W.3d 324, 330 (Mo. App. E.D. 2004). | 1 | 1 |
State v. Pattersongreen1 sentence2010“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. | 1 | 1 |
Patton v. May Department Stores Co.green1 sentence1996A 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). | 1 | 1 |
Seales v. Stategreen1 sentence1987In 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). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jessica Chavez v. Cedar Fair, LP
green
2 sentences2022Chavez, 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 . | 2 | 2019–2022 |
Hayes v. Price
green
2 sentences2025“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. | 1 | 2025–2025 |
State of Missouri v. Keith B. Hudson
green
1 sentence2020Id. at 807-09 . | 1 | 2020–2020 |
Edgerton v. Morrison
green
1 sentence2020We 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). | 1 | 2020–2020 |
Heshion Motors, Inc. v. Western International Hotels
green
1 sentence2018Int'l Hotels , 600 S.W.2d 526 , 534 (Mo. App. W.D. 1980) ). | 1 | 2018–2018 |
Peters v. ContiGroup
green
1 sentence2018Though 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. | 1 | 2018–2018 |
State v. Caperton
green
1 sentence2015Nevertheless, 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 . | 1 | 2015–2015 |
Fleshner v. Pepose Vision Institute, P.C.
green
1 sentence2014To 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 . | 1 | 2014–2014 |
State v. Cayson
green
1 sentence2005In 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 . | 1 | 2005–2005 |
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.