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12 Missouri opinions name it 2 courts 1934–2014 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 |
|---|---|---|
Allison v. Sverdrup & Parcel & Associates, Inc.green2 sentences2014Wright v. Barr, 62 S.W.3d 509, 530 (Mo. App. 2001). "'The failure to submit an instruction to which a party is entitled is error, and will warrant reversal when the merits of the action have been materially affected.'" Id. (quoting Allison v. Sverdrup & Parcel and Assocs., Inc., 738 S.W.2d 440, 454 (Mo. App. 1987)). "[I]n reviewing the evidence to determine if it will 10 support an instruction, we view it in the light most favorable to the proponent of the instruction." Allison, 738 S.W.2d at 454 . 2014Wright v. Barr, 62 S.W.3d 509, 530 (Mo. App. 2001). "'The failure to submit an instruction to which a party is entitled is error, and will warrant reversal when the merits of the action have been materially affected.'" Id. (quoting Allison v. Sverdrup & Parcel and Assocs., Inc., 738 S.W.2d 440, 454 (Mo. App. 1987)). "[I]n reviewing the evidence to determine if it will 10 support an instruction, we view it in the light most favorable to the proponent of the instruction." Allison, 738 S.W.2d at 454 . | 3 | 3 |
Wright v. Barrgreen2 sentences2014Wright v. Barr, 62 S.W.3d 509, 530 (Mo. App. 2001). "'The failure to submit an instruction to which a party is entitled is error, and will warrant reversal when the merits of the action have been materially affected.'" Id. (quoting Allison v. Sverdrup & Parcel and Assocs., Inc., 738 S.W.2d 440, 454 (Mo. App. 1987)). "[I]n reviewing the evidence to determine if it will 10 support an instruction, we view it in the light most favorable to the proponent of the instruction." Allison, 738 S.W.2d at 454 . 2014Wright v. Barr, 62 S.W.3d 509, 530 (Mo. App. 2001). "'The failure to submit an instruction to which a party is entitled is error, and will warrant reversal when the merits of the action have been materially affected.'" Id. (quoting Allison v. Sverdrup & Parcel and Assocs., Inc., 738 S.W.2d 440, 454 (Mo. App. 1987)). "[I]n reviewing the evidence to determine if it will 10 support an instruction, we view it in the light most favorable to the proponent of the instruction." Allison, 738 S.W.2d at 454 . | 1 | 1 |
Turner v. Fuqua Homes, Inc.green1 sentence2002See Tuner v. Fuqua Homes, Inc., 742 S.W.2d 603, 614-15 (Mo.App.1987); Farmers & Merchants Ins. | 1 | 1 |
Blackstock v. Kohngreen1 sentence2001Blackstock v. Kohn, 994 S.W.2d 947, 953 (Mo. banc 1999). | 1 | 1 |
Davis v. Stategreen1 sentence1996See Davis v. State, 657 S.W.2d 677 (Mo.App.1983) (where there was no evidence to support submission of instruction on lesser included offense, there was no basis for claim of ineffective assistance of counsel arising out of the failure to request such an instruction). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Orloff v. Fondaw
green
2 sentences2001E.D.1987) (citing Orloff, 315 S.W.2d at 434 ). 1987Id. at 434 . | 2 | 1987–2001 |
Foster v. Barnes-Jewish Hospital
green
1 sentence2004Id. | 1 | 2004–2004 |
State v. Battle
green
1 sentence1993Section 563.036 and MAI-CR3d 306.10 use the phrase "defense of premises.” The case law, especially the earlier cases, often uses the phrase “defense of habitation.” The court in State v. Battle, 625 S.W.2d 252 (Mo.App.1981), addresses the failure to submit an instruction on the "use of force in defense of premises” but refers throughout the opinion to the "instruction on defense of habitation.” Battle demonstrates the interchangeable nature of the two phrases. 3 . | 1 | 1993–1993 |
State v. Fine
green
2 sentences1975State v. Fine, 324 Mo. 194 , 23 S.W.2d 7 (1929), is an example of a situation where the failure to submit an instruction on a lesser assault offense was error and the judgment was reversed and the case remanded for new trial. 1975State v. Fine, 324 Mo. 194 , 23 S.W.2d 7 (1929), is an example of a situation where the failure to submit an instruction on a lesser assault offense was error and the judgment was reversed and the case remanded for new trial. | 1 | 1975–1975 |
Jackson v. Denno
green
2 sentences1974Tindall seeks to escape that general rule and to enlarge the magnitude of the alleged error by arguing that the failure to submit this instruction deprived him of constitutional rights, citing Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964). 1974Tindall seeks to escape that general rule and to enlarge the magnitude of the alleged error by arguing that the failure to submit this instruction deprived him of constitutional rights, citing Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964). | 1 | 1974–1974 |
Young v. Wheelock
green
1 sentence1934And even if the motion for new trial had done this any better, that would have been too late. [Young v. Wheelock, 64 S. W. (2d) 950, 956 .] Plaintiff’s instructions did not even submit or contain anything in the nature of a measure of damages. | 1 | 1934–1934 |
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.