proposed jury instruction (Missouri) · Go Syfert
← Missouri issues

proposed jury instruction in Missouri

8 Missouri opinions name it 2 courts 2006–2020 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 (4)

CaseFollowedCited
Yeager v. Wittelsgreen
moctapp · 1974 · cited in 1 Missouri opinions naming this issue, 2013–2013
1 sentence

2013See Yeager v. Wittels, 517 S.W.2d 457, 465-66 (Mo.App.1974) (“Failure to request [] an instruction [on an affirmative defense] constitutes an abandonment of that affirmative defense even though [the affirmative defense] is affirmatively pleaded.”); Hays v. Proctor, 404 S.W.2d 756, 762 (Mo.App.1966) (“If [defendant] wanted his theory of the case presented for the jury’s consideration it was his duty to submit such instructions”).

11
Hays v. Proctorgreen
moctapp · 1966 · cited in 1 Missouri opinions naming this issue, 2013–2013
1 sentence

2013See Yeager v. Wittels, 517 S.W.2d 457, 465-66 (Mo.App.1974) (“Failure to request [] an instruction [on an affirmative defense] constitutes an abandonment of that affirmative defense even though [the affirmative defense] is affirmatively pleaded.”); Hays v. Proctor, 404 S.W.2d 756, 762 (Mo.App.1966) (“If [defendant] wanted his theory of the case presented for the jury’s consideration it was his duty to submit such instructions”).

11
State v. Davisgreen
moctapp · 2006 · cited in 1 Missouri opinions naming this issue, 2009–2009
1 sentence

2009State v. Davis, 203 S.W.3d 796, 798 (Mo.App.2006).

11
State v. Haleygreen
moctapp · 2002 · cited in 1 Missouri opinions naming this issue, 2008–2008
1 sentence

2008It is not an abuse of discretion for the trial court to “refuse to submit additional cautionary instructions to the jury concerning eyewitnesses.” State v. Haley, 73 S.W.3d 746, 752 (Mo.App.

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 (5)

CaseCitedYears
Brady v. Maryland green
scotus · 1963
2 sentences

2020Brady [v. Maryland], 373 U.S. [83,] 87, 83 S.Ct. 1194 , [ 10 L.Ed.2d 215 (1963)].

2020Brady [v. Maryland], 373 U.S. [83,] 87, 83 S.Ct. 1194 , [ 10 L.Ed.2d 215 (1963)].

12020–2020
State v. Leisure green
moctapp · 1991
1 sentence

2011State v. Leisure, 810 S.W.2d 560 , 574 (Mo.App.

12011–2011
In Re the Care & Treatment of Van Orden green
mo · 2008
1 sentence

2010Id.

12010–2010
Callahan v. Cardinal Glennon Hospital green
mo · 1993
1 sentence

2010Perhaps seeing the weakness in its argument for an exclusive causation standard, PVI alternatively argues that this Court should adopt the but-for standard articulated in Callahan v. Cardinal Glennon Hospital, 863 S.W.2d 852 (Mo. banc 1993), and require trial courts to instruct the jury using the causal standard in MAI 19.01, "directly caused or directly contributed to cause.” PVI did not preserve the issue for appeal by submitting it as a proposed jury instruction.

12010–2010
Mast v. Surgical Services of Sedalia, L.L.C. green
moctapp · 2003
1 sentence

2006Mast, 107 S.W.3d at 365 .

12006–2006

Where else courts name it

OH 115 (1986–2026) WA 76 (1983–2026) MS 58 (1992–2026) FL 52 (1979–2026) TX 51 (1988–2026) VA 47 (1999–2026) IL 40 (1985–2026) UT 34 (1982–2026) IN 32 (2005–2025) CA 31 (1992–2026) NV 30 (1998–2022) MT 27 (1981–2026) SD 24 (1978–2026) OR 24 (1994–2026) MD 19 (1993–2025) AZ 17 (2004–2026) CO 15 (1993–2026) ND 13 (1999–2023) WY 13 (1990–2026) NE 12 (1990–2025) WI 12 (1991–2025) PA 12 (1982–2025) LA 11 (2000–2022) CT 10 (1994–2019) ID 10 (1995–2023) NC 10 (1990–2026) MN 9 (1990–2015) NM 9 (1997–2025) NH 9 (1984–2010) IA 9 (1993–2026) KS 8 (2014–2024) MO 8 (2006–2020) MA 8 (1994–2023) MI 8 (1974–2024) TN 7 (1996–2019) AL 7 (1989–2004) DC 6 (1995–2024) ME 6 (2012–2025) HI 5 (1996–2021) AK 4 (1991–2019) AR 4 (2003–2026) DE 2 (2015–2025) SC 2 (2001–2005) GA 2 (2014–2020)

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