jury under plain error (Missouri) · Go Syfert
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jury under plain error in Missouri

6 Missouri opinions name it 2 courts 2012–2025 1 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. Boldengreen
mo · 2012 · cited in 5 Missouri opinions naming this issue, 2014–2025
2 sentences

2025Burkett claimed he only wanted to scare Victim. 5 Analysis Burkett claims the trial court plainly erred in failing to sua sponte give a self- defense instruction to the jury. 3 "If the defendant injects self-defense into the case and there is substantial evidence to support a self-defense instruction, it is reversible error for the trial court to fail to submit a self-defense instruction to the jury under plain error review." State v. Bolden, 371 S.W.3d 802, 805 (Mo. banc 2012).

2020"If . . . there is substantial evidence to support a self-defense instruction, it is reversible error for the trial court to fail to submit a self-defense instruction to the jury under plain error review." State v. Bolden, 371 S.W.3d 802, 805 (Mo. banc 2012).

55
State v. Westfallgreen
mo · 2002 · cited in 3 Missouri opinions naming this issue, 2012–2016
2 sentences

2016Defendant then argues for a per se application of the Westfall rule because. the duty .to instruct on self-defense where supported by the evidence is so strong that, ,“[i]f the defendant injects self-defense into the case and there is substantial evidence to support a self-defense instruction, it is reversible error for the trial court to fail to submit a self-defense instruction to the jury under plain error review.” State v. Bolden, 371 S.W.3d 802, 805 (Mo. banc 2012), citing Westfall, 75 S.W.3d at 281 n.9.

2014See also State v. Bolden, 371 S.W.3d 802, 806, 805-06 (Mo. banc 2012) (“If the defendant injects self-defense into the case and there is substantial evidence to support a self-defense instruction, it is reversible error for the trial court to fail to submit a self-defense instruction to the jury under plain error review. [Westfall, 75 S.W.3d at 281 n. 9]”; State v. Mangum, 390 S.W.3d 853, 861 (Mo.App.

13
State v. Averyred
mo · 2003 · cited in 1 Missouri opinions naming this issue, 2015–2015
1 sentence

2015State v. Hiltibidal, 292 S.W.3d 488, 494 (Mo. App. W.D. 2009), “If the defendant injects self-defense into the case and there is substantial evidence to support a self-defense instruction, it is reversible error for the trial court to fail to submit a self-defense instruction to the jury under plain error review.” State v. Bolden, 371 S.W.3d 802, 805 (Mo. banc 2012). “ ‘Substantial evidence’ is evidence putting a *811 matter in issue.” State v. Avery, 120 S.W.3d 196, 200 (Mo. banc 2003).

11
State v. Nunngreen
moctapp · 1985 · cited in 1 Missouri opinions naming this issue, 2015–2015
1 sentence

2015“Whether the evidence raises the issue of self-defense is a question of law.” State v. Nunn, 697 S.W.2d 244, 246 (Mo. App. E.D. 1985).

11
State v. Hiltibidalgreen
moctapp · 2009 · cited in 1 Missouri opinions naming this issue, 2015–2015
1 sentence

2015State v. Hiltibidal, 292 S.W.3d 488, 494 (Mo. App. W.D. 2009), “If the defendant injects self-defense into the case and there is substantial evidence to support a self-defense instruction, it is reversible error for the trial court to fail to submit a self-defense instruction to the jury under plain error review.” State v. Bolden, 371 S.W.3d 802, 805 (Mo. banc 2012). “ ‘Substantial evidence’ is evidence putting a *811 matter in issue.” State v. Avery, 120 S.W.3d 196, 200 (Mo. banc 2003).

11
State v. Mangumgreen
moctapp · 2013 · cited in 1 Missouri opinions naming this issue, 2014–2014
1 sentence

2014See also State v. Bolden, 371 S.W.3d 802, 806, 805-06 (Mo. banc 2012) (“If the defendant injects self-defense into the case and there is substantial evidence to support a self-defense instruction, it is reversible error for the trial court to fail to submit a self-defense instruction to the jury under plain error review. [Westfall, 75 S.W.3d at 281 n. 9]”; State v. Mangum, 390 S.W.3d 853, 861 (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.

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