involuntary intoxication instruction (Missouri) · Go Syfert
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involuntary intoxication instruction in Missouri

7 Missouri opinions name it 2 courts 1987–2024 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
Watson v. Stategreen
mo · 2017 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024In his second point, Miller-Kirkland contends the motion court clearly erred by denying his post-conviction relief claims because Miller-Kirkland was 8 prejudiced by trial counsel’s failure to object to the involuntary intoxication instruction, which included disjunctives referring to “a drugged condition” and “drugs.” Standard of Review “To be entitled to post-conviction relief for ineffective assistance of counsel, a movant must show by a preponderance of the evidence that his or her trial counsel failed to meet the Strickland test.” Watson v. State, 520 S.W.3d 423, 435 (Mo. banc 2017) (citi

11
State v. Piercegreen
mo · 2018 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024Anything short of that does not rise to the level of manifest injustice.” State v. Pierce, 548 S.W.3d 900, 906 (Mo banc 2018).

11
Ake v. Oklahomagreen
scotus · 1985 · cited in 1 Missouri opinions naming this issue, 2010–2010
2 sentences

2010See Ake, 470 U.S. at 82-83 , 105 S.Ct. 1087 . h.

2010See Ake, 470 U.S. at 82-83 , 105 S.Ct. 1087 . h.

11
State v. Chavezgreen
moctapp · 2004 · cited in 1 Missouri opinions naming this issue, 2006–2006
1 sentence

2006“Absent a showing to the contrary, we must presume that the jury properly followed the trial court’s instructions in rendering its verdict.” State v. Chavez, 128 S.W.3d 569, 578 (Mo.App.2004).

11
State v. Erwingreen
mo · 1993 · cited in 1 Missouri opinions naming this issue, 1995–1995
1 sentence

1995State v. Erwin, 848 S.W.2d 476, 481-84 (Mo. banc), cert. denied, - U.S. -, 114 S.Ct. 88 , 126 L.Ed.2d 56 (1993).

11
State v. Burroughsgreen
moctapp · 1987 · cited in 1 Missouri opinions naming this issue, 1988–1988
1 sentence

1988State v. Burroughs, 729 S.W.2d 571, 575 [4] (Mo.App.1987).

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 (4)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2024In his second point, Miller-Kirkland contends the motion court clearly erred by denying his post-conviction relief claims because Miller-Kirkland was 8 prejudiced by trial counsel’s failure to object to the involuntary intoxication instruction, which included disjunctives referring to “a drugged condition” and “drugs.” Standard of Review “To be entitled to post-conviction relief for ineffective assistance of counsel, a movant must show by a preponderance of the evidence that his or her trial counsel failed to meet the Strickland test.” Watson v. State, 520 S.W.3d 423, 435 (Mo. banc 2017) (citi

2024Under Strickland, the movant must demonstrate: “(1) his trial counsel failed to exercise the level of skill and diligence that a reasonably competent trial counsel would in a similar situation, and (2) he was prejudiced by that failure.” Id. (citing Strickland, 466 U.S. at 687 ).

12024–2024
Missouri v. Erwin green
scotus · 1993
1 sentence

1995State v. Erwin, 848 S.W.2d 476, 481-84 (Mo. banc), cert. denied, - U.S. -, 114 S.Ct. 88 , 126 L.Ed.2d 56 (1993).

11995–1995
Baber v. Commission on Retirement, Removal and Discipline green
scotus · 1993
1 sentence

1995State v. Erwin, 848 S.W.2d 476, 481-84 (Mo. banc), cert. denied, - U.S. -, 114 S.Ct. 88 , 126 L.Ed.2d 56 (1993).

11995–1995
State v. Baker green
mo · 1955
1 sentence

1987In the case at bar, the appellant’s theory of involuntary intoxication was not offered by third persons, but by appellant so that under the authority of State v. Baker, supra, the court did not err in refusing the involuntary intoxication instruction.

11987–1987

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 562.076 (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

IL 13 (1987–2026) FL 12 (1997–2017) TX 10 (1994–2015) PA 9 (1990–2026) WI 9 (1976–2026) MO 7 (1987–2024) CA 7 (1990–2025) IN 7 (2000–2014) CO 5 (2002–2026) NJ 5 (1990–2013) AZ 4 (2002–2025) MN 3 (2010–2024) KS 3 (2020–2024) OH 3 (2022–2026) WA 3 (2014–2018) NY 2 (2006–2019) AK 2 (2010–2021) NC 2 (2021–2021) HI 2 (2012–2012)

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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