Where a defendant, who was convicted of multiple offenses including involuntary manslaughter arising from a road-rage incident, argued that the trial court erred in accepting the jury verdict as to the unlawful use of a weapon and armed criminal action ...

Tagged with: Castle Doctrine Lesser-Included Offense Voluntary Manslaughter

Where a defendant challenged his conviction in a felony stealing case, the trial court erred in entering a judgment of conviction on the felony stealing count because the evidence at trial was insufficient to prove beyond a reasonable doubt that ...

Tagged with: Felony Stealing Lesser-Included Offense

Where a defendant challenged his conviction for felonious restraint, arguing that the trial court plainly erred in failing to sua sponte instruct the jury on the nested, lesser-included offense of false imprisonment, the judgment is affirmed because defense counsel did ...

Tagged with: False Imprisonment Lesser-Included Offense

Where a jury found a defendant guilty of assault on a law enforcement officer in the first degree, the state conceded that the trial court erred in denying the request to instruct down to the nested, lesser-included offense, and the ...

Tagged with: Lesser-Included Offense Prejudice

State v. Clay (MLW No. 71116/Case No. SC96016 – 17 pages) (Supreme Court of Missouri, Breckenridge, J.; Fischer, C.J., Draper, Wilson, Russell and Stith, JJ., concur. Powell, J., not participating)

Tagged with: Criminal Law Jury Instruction Lesser-Included Offense Self Defense

U.S. v. Almeida-Olivas (MLW No. 70842/Case No. 16-3790 – 7 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Tagged with: Criminal Law Drug Conspiracy Lesser-Included Offense Sufficiency Of Evidence

State v. Smith (MLW No. 70763/Case No. SC95461 – 31 pages) (Supreme Court of Missouri, Russell, J.; Wilson, J., concurs; Fischer, C.J., concurs in Parts I.B, II, and III and dissents from Part I.A in separate opinion filed; Powell, J., concurs in opinion of Fischer, C.J.; Stith, J., concurs in Parts I and III and dissents from Part II in separate opinion filed; Breckenridge and Draper, JJ., concur in opinion of Stith, J.)

Tagged with: Bazell Criminal Law Lesser-Included Offense Trespass

State v. Jensen (MLW No. 70760/Case No. SC95280 – 18 pages) (Supreme Court of Missouri, Breckenridge, J.; Draper, Wilson, Russell and Stith, JJ., concur; Fischer, C.J., concurs in part and dissents in part in separate opinion filed. Powell, J., not participating)

Tagged with: Criminal Law Involuntary Manslaughter Lesser-Included Offense

State v. Sanders (MLW No. 70759/Case No. SC94865 – 12 pages) (Supreme Court of Missouri, Breckenridge, J.; Fischer, C.J., Draper, Wilson, Russell and Stith, JJ., concur. Powell, J., not participating)

Tagged with: Criminal Law Involuntary Manslaughter Lesser-Included Offense

State v. Brown (MLW No. 70761/Case No. SC95430 – 10 pages) (Supreme Court of Missouri, Breckenridge, J.; Fischer, C.J., Draper, Wilson, Russell and Stith, JJ., concur. Powell, J., not participating)

Tagged with: Assault Instruction Criminal Law Lesser-Included Offense

Jones v. State (MLW No. 70321/Case No. ED103712 – 17 pages) (Missouri Court of Appeals, Eastern District, Quigless, J.)

Tagged with: Criminal Law effectiveness of counsel Lesser-Included Offense Post-Conviction Relief