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Missouri Supreme Court reviews self-defense claim in assault case
The Missouri Supreme Court is considering whether a trial judge should have instructed jurors on self-defense and whether he should have intervened during closing arguments in the assault trial of Richard Burkett.
Criminal Law: Jury Instructions-Intent and Scheme Evidence
Where a defendant appealed her convictions for making a false statement to receive a health care payment and for financial exploitation of the elderly, the trial court used a definitional […]
Criminal Law: Jury Instructions-Propensity Evidence
Where a defendant challenged his convictions for statutory sodomy and victim tampering, the trial court did not plainly err in instructing the jury on the first-degree statutory sodomy counts, and […]
Criminal Law: Assault-Jury Instructions-Sudden Passion
Where a defendant challenged his conviction for assault in the first degree, the trial court erred in refusing to instruct the jury on second-degree assault based on sudden passion because […]
Negligence: Medical Malpractice-Jury Instructions
Defendant appealed from the jury verdict entered against it in the medical-malpractice, wrongful-death case filed by plaintiffs after decedent, an admitted high-risk candidate for surgery, died from complications following surgery. […]
Criminal Law: First-Degree Murder-Death Sentence-Jury Instructions
Where a defendant convicted of first-degree murder after a joint trial with a co-defendant challenged his death sentence, including the aggravating and mitigating factors considered by the jury and the […]
Employment: Disability Discrimination-MHRA-Jury Instructions
Where plaintiff employee challenged a jury verdict against her on her action for damages on claims of disability discrimination and retaliation under the Missouri Human Rights Act, the evidence did […]
Criminal Law: Attempted Enticement of a Child-Jury Instructions
Defendant appealed from his conviction for attempted enticement of a child, after he attempted to persuade a 14-year-old to engage in sexual conduct. At trial, defendant unsuccessfully sought to elicit […]
Criminal Law: Statutory Sodomy-Jury Instructions
Defendant appealed from his conviction on four counts of statutory sodomy involving two victims. On appeal, defendant challenged the exclusion of a DSS employee’s testimony from evidence and also challenged […]
Negligence: FELA-Jury Instructions-Negligence Per Se
Where a former locomotive engineer claimed that the railroad was negligent for providing loose cab seats that failed to protect him from excessive shock and jarring, which resulted in significant […]
Negligence: FRSA-Retaliation-Jury Instructions
Where a plaintiff who suffered an eye injury while working for his railway employer challenged an adverse verdict on retaliation claims brought under the Federal Railroad Safety Act, the jury […]
Criminal Law: Pre-Trial Lineup-Admission of Gun-Jury Instructions
Where a defendant challenged his conviction and sentence on charges including assault in the first degree, the victim’s pre-trial identification of the defendant from a photo lineup was not unduly […]
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