faulty jury instruction (Missouri) · Go Syfert
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faulty jury instruction in Missouri

12 Missouri opinions name it 2 courts 1987–2024 4 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 (7)

CaseFollowedCited
State v. Claygreen
mo · 2017 · cited in 5 Missouri opinions naming this issue, 2019–2024
2 sentences

2024The Court also specifically addressed the defendant’s argument that a defendant “does not waive plain error review by failing to object to a faulty jury instruction or by failing to submit a correct instruction.” Clay, 533 S.W.3d at 715 (quoting State v. Celis-Garcia, 344 S.W.3d 150 , 154 n. 3 (Mo. banc 2011)).

2022Binding authority instead directs that a defendant "does not waive plain error review by failing to object to a faulty jury instruction or by failing to submit a correct instruction." State v. Clay, 533 S.W.3d 710, 715 (Mo. banc 2017) (quoting State v. Celis-Garcia, 344 S.W.3d 150 , 154 n.3 (Mo. banc 2011)).

35
State v. Wurtzbergergreen
mo · 2001 · cited in 3 Missouri opinions naming this issue, 2011–2023
2 sentences

2023Id. at 110-11 (citing State v. Clay, 533 S.W.3d 710, 715 (Mo. banc 2017); State v. Wurtzberger, 40 S.W.3d 893, 897-98 (Mo. banc 2001)).

2022In State v. Wurtzberger, 40 S.W.3d 893 , 897-98 11 (Mo. banc 2001), the Supreme Court held that a defendant's failure to object to an instruction extends to include affirmatively or expressly telling the trial court that the defendant has no objection to the instruction.

23
State v. Celis-Garciagreen
mo · 2011 · cited in 6 Missouri opinions naming this issue, 2013–2024
2 sentences

2024The Court also specifically addressed the defendant’s argument that a defendant “does not waive plain error review by failing to object to a faulty jury instruction or by failing to submit a correct instruction.” Clay, 533 S.W.3d at 715 (quoting State v. Celis-Garcia, 344 S.W.3d 150 , 154 n. 3 (Mo. banc 2011)).

2022Binding authority instead directs that a defendant "does not waive plain error review by failing to object to a faulty jury instruction or by failing to submit a correct instruction." State v. Clay, 533 S.W.3d 710, 715 (Mo. banc 2017) (quoting State v. Celis-Garcia, 344 S.W.3d 150 , 154 n.3 (Mo. banc 2011)).

16
State v. Boldengreen
mo · 2012 · cited in 4 Missouri opinions naming this issue, 2017–2024
2 sentences

2021In State v. Clay, 533 S.W.3d 710, 715 (Mo. banc 2017), the Missouri Supreme Court held that, while a defendant does not waive plain error review by failing to object to a faulty jury instruction or failing to submit a correct one, a defendant cannot ‘“take advantage of self-invited error or error of his own making.”’ (citing State v. Celis-Garcia, 344 S.W.3d 150 (Mo. banc 2011), 7 and quoting State v. Bolden, 371 S.W.3d 802, 806 (Mo. banc 2012)).

2019In that case, the Court recognized that in Celis- Garcia it “reaffirmed the principle that a defendant ‘does not waive plain error review by failing to object to a faulty jury instruction or by failing to submit a correct instruction[,]’” but went on to distinguish Clay from Celis-Garcia noting that “Mr. Clay actively collaborated in drafting the instruction he now asserts was erroneous, and he ‘may not take advantage of self-invited error of his own making.’” Id. at 715 (quoting Bolden, 371 S.W.3d at 806 ).

14
State v. Derenzygreen
mo · 2002 · cited in 1 Missouri opinions naming this issue, 2011–2011
1 sentence

2011State v. Derenzy, 89 S.W.3d 472, 475 (Mo. banc 2002) (submission of an incorrect instruction did not waive plain error review); State v. Wurtzberger, 40 S.W.3d 893, 897-98 (Mo. banc 2001) (counsel’s affirmative statement that he had no objection to the instruction and his failure to submit an alternative instruction did not waive plain error review). 4 .The verdict directors changed the January 1, 2006 to May 31, 2006 timeframe listed in the indictment to January 1, 2005 to March 31, 2006.

11
State v. McCuingreen
moctapp · 1987 · cited in 1 Missouri opinions naming this issue, 1989–1989
1 sentence

1989State v. McCuin, 731 S.W.2d 305, 306 (Mo.App.1987).

11
State v. Pitchfordgreen
moctapp · 1977 · cited in 1 Missouri opinions naming this issue, 1987–1987
1 sentence

1987State v. Pitchford, 556 S.W.2d 57, 59 (Mo.App.1977).

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 (2)

CaseCitedYears
State of Missouri v. Rodger L. Gannan green
moctapp · 2022
1 sentence

2023Id. at 110-11 (citing State v. Clay, 533 S.W.3d 710, 715 (Mo. banc 2017); State v. Wurtzberger, 40 S.W.3d 893, 897-98 (Mo. banc 2001)).

12023–2023
State v. Richards green
moctapp · 2009
1 sentence

2016Richards, 300 S.W.3d at 281 .

12016–2016

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 566.010 (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

IL 13 (1991–2020) MO 12 (1987–2024) IA 6 (2008–2025) OK 6 (2011–2017) FL 4 (1987–2018) DE 3 (2022–2025) VA 3 (2009–2024) IN 3 (1994–1997) WA 2 (2008–2008) TX 2 (1996–2006) OR 2 (2008–2014) LA 2 (2007–2013) OH 2 (2005–2006) CA 2 (1977–2015) MD 2 (1996–2013)

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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