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

7 Missouri opinions name it 1 courts 1989–2019 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
Nick Savage v. Kansas City Power & Light Companygreen
moctapp · 2017 · cited in 1 Missouri opinions naming this issue, 2019–2019
1 sentence

2019However, in order to demonstrate prejudice, Suppes challenges not the error in the jury instruction submitted for this claim but rather that the claim should not have been submitted to the jury in the first place, a distinct and separate allegation of error.7 "When reviewing claims of instructional error, we will reverse a jury verdict on the ground of instructional error if the error resulted in prejudice that 'materially affected the merits of the action.'" Savage v. Kansas City Power & Light Co., 515 S.W.3d 778, 783 (Mo. App. W.D. 2017) (quoting Coomer v. Kansas City Royals Baseball Corp.,

11
Westerhold v. Mullenix Corp.green
moctapp · 1989 · cited in 1 Missouri opinions naming this issue, 2002–2002
1 sentence

2002Westerhold v. Mullenix Corp., 777 S.W.2d 257, 266 (Mo.App.

11
Nickerson v. Moberly Foods, Inc.green
moctapp · 1989 · cited in 1 Missouri opinions naming this issue, 1993–1993
1 sentence

1993Nickerson v. Moberly Foods, Inc., 781 S.W.2d 87, 92 (Mo. App.1989).

11
McPherson v. Bi-State Development Agencygreen
moctapp · 1985 · cited in 1 Missouri opinions naming this issue, 1989–1989
1 sentence

1989McPherson v. Bi-State Development Agency, 702 S.W.2d 129, 132 (Mo.App.1985).

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. Osborn green
moctapp · 2010
1 sentence

2010In Osborn , the court noted that while Section 566.151.1 "does not contain a requirement that a defendant know that his victim is under the age of fifteen,” the approved jury instruction pertinent to this charge, MAI 320.37, provides that, "to be found guilty a defendant must have (1) known or been aware that the victim was under fifteen, or (2) intended to pursue sexual conduct with a person under fifteen.” 318 S.W.3d at 713-14 .

12010–2010
Nesselrode v. Executive Beechcraft, Inc. green
mo · 1986
2 sentences

2008Id.

2008Id.

12008–2008
State v. Keil green
moctapp · 1990
1 sentence

1995In Keil , the court noted that the Missouri Supreme Court had, on March 9, 1989, approved an instruction containing a definition of deviate sexual intercourse but that the order by which it was adopted provided that it “must be used and followed on and after July 1, 1989.” Id. at 292 .

11995–1995

Where else courts name it

MO 7 (1989–2019) CA 7 (1977–2020) NM 4 (1984–2005) OH 2 (2008–2008)

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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