must adopt instruction (Missouri) · Go Syfert
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must adopt instruction in Missouri

10 Missouri opinions name it 1 courts 2001–2018 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.

Followed or applied (9)

CaseFollowedCited
Lewis v. Stategreen
moctapp · 2004 · cited in 3 Missouri opinions naming this issue, 2009–2017
2 sentences

2017“And in giving such a non-MAI instruction, ‘the court must adopt an instruction that follows the substantive law and can be readily understood by the jury.’” [Morgan v. State, 272 S.W.3d 909, 911 (Mo. App. W.D. 2009)] (quoting Lewis v. State, 152 S.W.3d 325, 329 (Mo. App. W.D. 2004)); Rule 70.02(b).

2010“And in giving such a non-MAI instruction, ‘the court must adopt an instruction that follows the substantive law and can be readily understood by the jury.’ ” Morgan, 272 S.W.3d at 911 (quoting Lewis v. State, 152 S.W.3d 325, 329 (Mo.App.

23
Murphy v. City of Springfieldgreen
moctapp · 1990 · cited in 2 Missouri opinions naming this issue, 2001–2004
2 sentences

2004Under those circumstances, where there are no applicable MAI instructions “so that an instruction not in MAI must be given,” Rule 70.02(b) requires that “such instructions shall be simple, brief, impartial, free from argument, and shall not submit to the jury or require findings of detailed eviden-tiary facts.” Moreover, in adopting a non-MAI instruction, “the court must adopt an instruction that follows the substantive law and can be readily understood by the jury.” Hosto, 51 S.W.3d at 142 (citing Murphy v. City of Springfield, 794 S.W.2d 275, 278 (Mo.App.

2001Murphy v. City of Springfield, 794 S.W.2d 275, 278 (MoApp.

22
Drake v. Division of Employment Securitygreen
moctapp · 2009 · cited in 2 Missouri opinions naming this issue, 2010–2017
2 sentences

2017“And in giving such a non-MAI instruction, ‘the court must adopt an instruction that follows the substantive law and can be readily understood by the jury.’” [Morgan v. State, 272 S.W.3d 909, 911 (Mo. App. W.D. 2009)] (quoting Lewis v. State, 152 S.W.3d 325, 329 (Mo. App. W.D. 2004)); Rule 70.02(b).

2010“And in giving such a non-MAI instruction, ‘the court must adopt an instruction that follows the substantive law and can be readily understood by the jury.’ ” Morgan, 272 S.W.3d at 911 (quoting Lewis v. State, 152 S.W.3d 325, 329 (Mo.App.

12
Hosto v. Union Electric Co.green
moctapp · 2001 · cited in 2 Missouri opinions naming this issue, 2004–2009
2 sentences

2009Co., 51 S.W.3d 133, 142 (Mo.App.2001)).

2004Under those circumstances, where there are no applicable MAI instructions “so that an instruction not in MAI must be given,” Rule 70.02(b) requires that “such instructions shall be simple, brief, impartial, free from argument, and shall not submit to the jury or require findings of detailed eviden-tiary facts.” Moreover, in adopting a non-MAI instruction, “the court must adopt an instruction that follows the substantive law and can be readily understood by the jury.” Hosto, 51 S.W.3d at 142 (citing Murphy v. City of Springfield, 794 S.W.2d 275, 278 (Mo.App.

12
Care and Treatment of Scates v. Stategreen
moctapp · 2004 · cited in 2 Missouri opinions naming this issue, 2004–2009
2 sentences

2009“Moreover, in adopting a non-MAI instruction, ‘the court must adopt an instruction that follows the substantive law and can be readily understood by the jury.’ ” Id. (quoting Hosto v. Union Elec.

2004And in giving such a non-MAI instruction, “the court must adopt an instruction that follows the substantive law and can be readily understood by the jury.” Scates,. 134 S.W.3d at 742 (internal quotation marks and citations omitted).

12
Lucero v. Curators of University of Missourigreen
moctapp · 2013 · cited in 1 Missouri opinions naming this issue, 2017–2017
1 sentence

2017“In Missouri, all contracts have an implied covenant of good faith and fair dealing.” Lucero v. Curators of Univ. of Mo., 400 S.W.3d 1, 9 (Mo. App. W.D. 2013) (internal quotation omitted).

11
Durley v. BOARD OF POLICE COM'RS, CITY OF ST. LOUISgreen
moctapp · 2007 · cited in 1 Missouri opinions naming this issue, 2017–2017
1 sentence

2017“The instructions together must require a finding of all the ultimate facts necessary to sustain a verdict.” Durley v. Board of Police Comm’rs, 238 S.W.3d 685, 687 (Mo. App. E.D. 2007).

11
Pool v. Farm Bureau Town & Country Insurance Co.green
moctapp · 2010 · cited in 1 Missouri opinions naming this issue, 2012–2012
1 sentence

2012Co. of Mo., 311 S.W.3d 895, 903 (Mo.App.2010) (citation omitted). “‘[Gjross negligence’ is a term which appears infrequently in appellate decisions of this state” because Missouri “has consistently refused to recognize differing degrees of negligence.” Boyer v. Tilzer, 831 S.W.2d 695, 697 (Mo.App.1992).

11
Boyer v. Tilzergreen
moctapp · 1992 · cited in 1 Missouri opinions naming this issue, 2012–2012
1 sentence

2012Co. of Mo., 311 S.W.3d 895, 903 (Mo.App.2010) (citation omitted). “‘[Gjross negligence’ is a term which appears infrequently in appellate decisions of this state” because Missouri “has consistently refused to recognize differing degrees of negligence.” Boyer v. Tilzer, 831 S.W.2d 695, 697 (Mo.App.1992).

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 (1)

CaseCitedYears
Edwards v. Gerstein green
moctapp · 2012
2 sentences

2018When giving a non-MAI instruction, "the court must adopt an instruction that follows the substantive law and can be readily understood by the jury." Edwards , 363 S.W.3d at 166 .

2017When giving a non-MAI instruction, “the court must adopt an instruction that follows the substantive law and can be readily understood by the jury.” Id. (internal quotation omitted).

22017–2018

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 632.492 (4) MO § Mo. Rev. Stat. § 632.495 (3)

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.

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