Where a defendant in a child-pornography case challenged the denial of his motion to appoint his own expert to examine an agent’s laptop, the defendant did not present evidence to support his theory that ransomware on the agent’s laptop planted ...

Tagged with: Appointment of Expert Child Pornography Jury Instruction

Where a defendant challenged his convictions for second-degree murder and armed criminal action, the judgment is reversed because the trial court committed plain error by failing to instruct the jury on the use of force in defense of another because ...

Tagged with: Deadly Force Defense of Another Jury Instruction

Where a defendant, who was convicted of first-degree murder and robbery, argued that the trial court erred by denying his unmodified jury instruction regarding eyewitness identification, the judgment is affirmed because the court followed the relevant notes, which provide that ...

Tagged with: Eyewitness Identification Jury Instruction

Where appellant challenged the finding that he was a sexually violent predator, the trial court did not abuse its discretion in refusing to enter his proposed jury instruction limiting hearsay because the instruction failed to acknowledge that substantial portions of ...

Tagged with: hearsay Jury Instruction probate SVP Determination

Where a defendant challenged his conviction for first-degree robbery, the evidence was sufficient to support the conviction, but the trial court erred by omitting the definition of “dangerous instrument” from the instruction, so the judgment is reversed and remanded for ...

Tagged with: Criminal Law Dangerous Instrument Jury Instruction robbery

Where a defendant challenged his conviction for elder abuse after he punched an elderly neighbor, the defendant failed to append a challenged jury instruction so the point was not preserved for review, and the judgment is affirmed because the defendant ...

Tagged with: Criminal Law elder abuse Jury Instruction

Where a defendant challenged his conviction for unlawful possession of a firearm, the judgment is affirmed because the verdict director did not violate the defendant’s right to a unanimous verdict because the offense criminalizes a continuing course of conduct so ...

Tagged with: civil practice Course Of Conduct Firearm Possession Jury Instruction

Where a defendant in a first-degree murder case challenged the trial court’s refusal to allow evidence that another person had confessed to the double murder, the defendant failed to establish that the hearsay statements were exonerating, and the statements also ...

Tagged with: Criminal Law hearsay Jury Instruction Outside Confession

State v. Armstrong (MLW No. 72036/Case No. ED105771 – 21 pages) (Missouri Court of Appeals, Eastern District, Quigless, J.)

Tagged with: child molestation Criminal Law Jury Instruction Sufficiency Of Evidence

Rhodes v. Kandlbinder, Inc. (MLW No. 72003/Case No. ED106104 – 12 pages) (Missouri Court of Appeals, Eastern District, Hoff, J.)

Tagged with: Jury Instruction Negligence premises liability

U.S. v. Garrett (MLW No. 71949/Case No. 17-2302 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)

Tagged with: Criminal Law Jury Instruction Theory Of Defense