self-defense jury instruction (Missouri) · Go Syfert
← Missouri issues

self-defense jury instruction in Missouri

9 Missouri opinions name it 2 courts 2001–2024 2 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 (6)

CaseFollowedCited
State v. Gheengreen
moctapp · 2001 · cited in 2 Missouri opinions naming this issue, 2001–2015
2 sentences

2015Unless he withdraws from the exchange, “[a]n aggressor cannot claim self-defense and does not have the benefit of a self-defense jury instruction.” State v. Gheen, 41 S.W.3d 598, 606 (Mo. App. W.D. 2001). 6 Defendant asserts that “[tjhere can be no dispute that [Defendant] and [Victim] both caused physical injury to one another” and that this, coupled with Victim’s testimony that she hit Defendant “in the course of defending herself,” was enough to require a self-defense instruction.

2001Id.

12
Huff v. J & M HOUSE BUILDERS, INC.green
moctapp · 2009 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024See Rule 28.02(b)–(d); see also Brown, 577 S.W.3d at 877 (quoting Eckelkamp, 298 S.W.3d at 552 ) (noting “[i]t is settled in this state that ‘the jury is to obtain the law only from approved jury instructions’”).

11
State of Missouri v. Dustin Demont Browngreen
moctapp · 2019 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024See Rule 28.02(b)–(d); see also Brown, 577 S.W.3d at 877 (quoting Eckelkamp, 298 S.W.3d at 552 ) (noting “[i]t is settled in this state that ‘the jury is to obtain the law only from approved jury instructions’”).

11
State v. Colemangreen
moctapp · 2008 · cited in 1 Missouri opinions naming this issue, 2023–2023
1 sentence

2023See Burns, 292 S.W.3d at 506 (citing State v. Coleman, 263 S.W.3d 680, 683 (Mo. App. S.D. 2008)) (“Credibility of witnesses and the effects of conflicts or inconsistencies in testimony are questions for the jury to decide.”).

11
State v. Burnsgreen
moctapp · 2009 · cited in 1 Missouri opinions naming this issue, 2023–2023
1 sentence

2023See Burns, 292 S.W.3d at 506 (citing State v. Coleman, 263 S.W.3d 680, 683 (Mo. App. S.D. 2008)) (“Credibility of witnesses and the effects of conflicts or inconsistencies in testimony are questions for the jury to decide.”).

11
State v. Averygreen
mo · 2003 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016See Avery, 120 S.W.3d at 200 .

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 (3)

CaseCitedYears
State v. Bolden green
mo · 2012
2 sentences

2020In State v. Bolden, this Court declined to conduct plain error review and impose a sua sponte duty to modify a self-defense jury instruction when the defendant invited the error by agreeing to the instruction. 371 S.W.3d at 805-06 .

2020In State v. Bolden, this Court declined to conduct plain error review and impose a sua sponte duty to modify a self-defense jury instruction when the defendant invited the error by agreeing to the instruction. 371 S.W.3d at 805-06 .

22020–2020
State v. Kendrick green
moctapp · 2018
1 sentence

2018Id. at 123-24 .

12018–2018
State v. Davidson green
moctapp · 1997
1 sentence

2001Id.

12001–2001

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 563.031 (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.

Where else courts name it

OH 46 (2002–2026) WA 21 (1997–2026) IL 17 (2014–2026) FL 13 (2005–2024) NM 13 (2001–2024) UT 11 (2002–2026) MS 10 (1995–2022) CO 10 (1990–2026) MO 9 (2001–2024) TX 9 (2009–2023) WI 7 (1982–2026) MI 7 (2015–2023) MN 6 (2014–2026) DC 6 (1990–2008) IN 6 (2011–2019) NV 6 (2017–2026) ND 5 (1993–2021) ME 4 (2002–2019) NC 4 (2022–2025) PA 4 (2019–2024) WV 3 (2006–2026) NE 2 (2019–2020) ID 2 (2015–2025) LA 2 (2007–2013) OR 2 (2012–2017) GA 2 (2016–2024)

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.

← Caselaw search · G Cite Topics · Brief Check