reasonable juror standard (Missouri) · Go Syfert
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reasonable juror standard in Missouri

7 Missouri opinions name it 2 courts 1994–2014 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 (12)

CaseFollowedCited
State v. Weidegreen
moctapp · 1991 · cited in 3 Missouri opinions naming this issue, 1994–1997
2 sentences

1997State v. Tracy, 918 S.W.2d 847, 851 (Mo.App.1996); State v. Weide, 812 S.W.2d 866, 869 (Mo App.1991).

1996State v. Weide, 812 S.W.2d 866, 869 (Mo.App.1991).

33
State v. Derenzygreen
mo · 2002 · cited in 2 Missouri opinions naming this issue, 2014–2014
2 sentences

2014See, e.g., Pond, 131 S.W.3d at 794 (holding that the defendant was entitled to a lesser included offense when discrepancies in the victim’s statements to witnesses and her testimony at trial could have led a “reasonable jury [to] find the prior statements more believable”); Derenzy, 89 S.W.3d at 474 (“If a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established, the trial court should instruct down”); State v. Beeler, 12 S.W.3d 294, 300 (Mo. banc 2000) (“[W]here the facts are such that no rational factfinder c

2014See, e.g., Pond, 131 S.W.3d at 794 (holding that the defendant was entitled to a lesser included offense when discrepancies in the victim’s statements to witnesses and her testimony at trial could have led a “reasonable jury [to] find the prior statements more believable”); Derenzy, 89 S.W.3d at 474 (“If a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established, the trial court should instruct down”); State v. Beeler, 12 S.W.3d 294, 300 (Mo. banc 2000) (“[W]here the facts are such that no rational factfinder c

22
State v. Beelergreen
mo · 2000 · cited in 2 Missouri opinions naming this issue, 2014–2014
2 sentences

2014See, e.g., Pond, 131 S.W.3d at 794 (holding that the defendant was entitled to a lesser included offense when discrepancies in the victim’s statements to witnesses and her testimony at trial could have led a “reasonable jury [to] find the prior statements more believable”); Derenzy, 89 S.W.3d at 474 (“If a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established, the trial court should instruct down”); State v. Beeler, 12 S.W.3d 294, 300 (Mo. banc 2000) (“[W]here the facts are such that no rational factfinder c

2014See, e.g., Pond, 131 S.W.3d at 794 (holding that the defendant was entitled to a lesser included offense when discrepancies in the victim’s statements to witnesses and her testimony at trial could have led a “reasonable jury [to] find the prior statements more believable”); Derenzy, 89 S.W.3d at 474 (“If a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established, the trial court should instruct down”); State v. Beeler, 12 S.W.3d 294, 300 (Mo. banc 2000) (“[W]here the facts are such that no rational factfinder c

22
State v. Pondgreen
mo · 2004 · cited in 2 Missouri opinions naming this issue, 2014–2014
2 sentences

2014See, e.g., Pond, 131 S.W.3d at 794 (holding that the defendant was entitled to a lesser included offense when discrepancies in the victim’s statements to witnesses and her testimony at trial could have led a “reasonable jury [to] find the prior statements more believable”); Derenzy, 89 S.W.3d at 474 (“If a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established, the trial court should instruct down”); State v. Beeler, 12 S.W.3d 294, 300 (Mo. banc 2000) (“[W]here the facts are such that no rational factfinder c

2014See, e.g., Pond, 131 S.W.3d at 794 (holding that the defendant was entitled to a lesser included offense when discrepancies in the victim’s statements to witnesses and her testimony at trial could have led a “reasonable jury [to] find the prior statements more believable”); Derenzy, 89 S.W.3d at 474 (“If a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established, the trial court should instruct down”); State v. Beeler, 12 S.W.3d 294, 300 (Mo. banc 2000) (“[W]here the facts are such that no rational factfinder c

22
State v. Hiblergreen
mo · 1999 · cited in 2 Missouri opinions naming this issue, 2014–2014
2 sentences

2014See, e.g., Pond, 131 S.W.3d at 794 (holding that the defendant was entitled to a lesser included offense when discrepancies in the victim’s statements to witnesses and her testimony at trial could have led a “reasonable jury [to] find the prior statements more believable”); Derenzy, 89 S.W.3d at 474 (“If a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established, the trial court should instruct down”); State v. Beeler, 12 S.W.3d 294, 300 (Mo. banc 2000) (“[W]here the facts are such that no rational factfinder c

2014See, e.g., Pond, 131 S.W.3d at 794 (holding that the defendant was entitled to a lesser included offense when discrepancies in the victim’s statements to witnesses and her testimony at trial could have led a “reasonable jury [to] find the prior statements more believable”); Derenzy, 89 S.W.3d at 474 (“If a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established, the trial court should instruct down”); State v. Beeler, 12 S.W.3d 294, 300 (Mo. banc 2000) (“[W]here the facts are such that no rational factfinder c

22
State v. Hinemangreen
mo · 1999 · cited in 2 Missouri opinions naming this issue, 2014–2014
2 sentences

2014See, e.g., Pond, 131 S.W.3d at 794 (holding that the defendant was entitled to a lesser included offense when discrepancies in the victim’s statements to witnesses and her testimony at trial could have led a “reasonable jury [to] find the prior statements more believable”); Derenzy, 89 S.W.3d at 474 (“If a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established, the trial court should instruct down”); State v. Beeler, 12 S.W.3d 294, 300 (Mo. banc 2000) (“[W]here the facts are such that no rational factfinder c

2014See, e.g., Pond, 131 S.W.3d at 794 (holding that the defendant was entitled to a lesser included offense when discrepancies in the victim’s statements to witnesses and her testimony at trial could have led a “reasonable jury [to] find the prior statements more believable”); Derenzy, 89 S.W.3d at 474 (“If a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established, the trial court should instruct down”); State v. Beeler, 12 S.W.3d 294, 300 (Mo. banc 2000) (“[W]here the facts are such that no rational factfinder c

22
State v. Santillangreen
mo · 1997 · cited in 2 Missouri opinions naming this issue, 2010–2014
2 sentences

2014See also, e.g., Pond, 131 S.W.3d at 794 ("In order for there to be a basis for an acquittal of the greater offense, there must be some evidence that an essential element of the greater offense is lacking and the element that is lacking must be the basis for acquittal of the greater offense and the conviction of the lesser.”); State v. Santillan, 948 S.W.2d 574, 576 (Mo. banc 1997) ("If a reasonable juror could draw inferences from the evidence presented that the defendant did not deliberate, the trial court should instruct down.”). .

2010Further, our Supreme Court continues to apply the reasonable juror standard, requiring that an instruction be given for a lesser included offense only “[i]f a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established.” Williams, 313 S.W.3d at 660 ; see also Santillan, 948 S.W.2d at 576 .

22
State v. Williamsgreen
mo · 2010 · cited in 2 Missouri opinions naming this issue, 2010–2011
2 sentences

2011W.D.2010) (quoting State v. Williams, 313 S.W.3d 656, 660 (Mo. banc 2010)).

2010Further, our Supreme Court continues to apply the reasonable juror standard, requiring that an instruction be given for a lesser included offense only “[i]f a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established.” Williams, 313 S.W.3d at 660 ; see also Santillan, 948 S.W.2d at 576 .

12
State v. Measegreen
mo · 1992 · cited in 1 Missouri opinions naming this issue, 2014–2014
1 sentence

2014This Court reached the same conclusion on similar circumstances in State v. Mease, 842 S.W.2d 98, 112 (Mo. banc 1992).

11
State v. Lowegreen
moctapp · 2010 · cited in 1 Missouri opinions naming this issue, 2011–2011
1 sentence

2011Furthermore, our Supreme Court applies the reasonable-juror standard, which requires an instruction for a lesser-included offense only “if a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established.” State v. Lowe, 318 S.W.3d 812, 821 (Mo.App.

11
State v. Tracygreen
moctapp · 1996 · cited in 1 Missouri opinions naming this issue, 1997–1997
1 sentence

1997State v. Tracy, 918 S.W.2d 847, 851 (Mo.App.1996); State v. Weide, 812 S.W.2d 866, 869 (Mo App.1991).

11
State v. Dussogreen
moctapp · 1988 · cited in 1 Missouri opinions naming this issue, 1994–1994
1 sentence

1994State v. Weide, 812 S.W.2d 866, 869 (Mo.App.W.D.1991); State v. Dusso, 760 S.W.2d 546, 547 (Mo.App.W.D.1988).

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
Eighty Hundred Clayton Corp. v. Director of Revenue green
mo · 2003
2 sentences

2014As this Court repeatedly has emphasized, “a decision of this Court should not be lightly overruled.” Eighty Hundred Clayton Corp. v. Dir. of Revenue, 111 S.W.3d 409 , 411 n.3 (Mo. banc 2003).

2014As this Court repeatedly has emphasized, “a decision of this Court should not be lightly overruled.” Eighty Hundred Clayton Corp. v. Dir. of Revenue, 111 S.W.3d 409 , 411 n.3 (Mo. banc 2003).

22014–2014

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 565.050 (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

MD 7 (2021–2024) MO 7 (1994–2014) CT 6 (1984–2021) MA 2 (2017–2022) TX 2 (2010–2015)

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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