State v. Jackson
| Docket Number | SC93108 |
| Decision Date | 24 June 2014 |
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109 cases
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State v. Pierce
...Erred in Not Giving Pierce's Requested Instruction on the “Nested” Lesser Offense of Possession In the companion case, State v. Jackson, 433 S.W.3d 390, 2014 WL 2861550 (Mo. banc 2014) (No. SC93108), the Court holds: The question presented in this case is whether the trial court can refuse ......
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United States v. Naylor
...presence," the Washington court then entered conviction under the second-degree burglary statute. Id. at 210–11 ; see also State v. Jackson, 433 S.W.3d 390, 404 (Mo. banc 2014) (discussing "nested" lesser included offenses). The Missouri Court of Appeals could only do so if "building or inh......
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State v. Blurton
...met the statutory requirements for giving the instruction. In support of this claim, Mr. Blurton cites this Court's recent decision in State v. Jackson, which held that the trial court is obligated to give a "nested" lesser included offense instruction when "a party timely requests the inst......
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Johnson v. State
...under Missouri Law, a finder of facts has the ability to believe or disbelieve evidence. Jackson v. State [State v. Jackson] , 433 S.W.3d 390 (Mo 2014). Yet this is a case where regardless of what witness one believes, state or defense, which records one credits, state or defense, the same ......
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3 books & journal articles
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Section 5.4 Credibility of Witnesses in General
...S.W.3d 157, 167 (Mo. banc 2011)). Jurors are free to disbelieve a witness’s testimony. Cox, 473 S.W.3d at 126 (citing State v. Jackson, 433 S.W.3d 390, 403 (Mo. banc 2014)). A “jury is free to credit or discredit testimony as it believes appropriate.” Curtis v. Elecs. & Space Corp., 113 F.3......
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Section 5.14 Uncontroverted Evidence
...any element until the [fact-finder] says it does.’” Perren v. Perren, 475 S.W.3d 741, 744 (Mo. App. S.D. 2015) (quoting State v. Jackson, 433 S.W.3d 390, 392 (Mo. banc 2014)). The trial court may disbelieve even uncontradicted testimony, and the appellate court defers to the trial court’s j......
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Preservation of Instructional Error
...law of lesser-included offenses and made it much easier for the defense to get lesser-included offense instructions. · State v. Jackson, 433 S.W.3d 390 (Mo. banc 2014): Even though the trial court believed that there was no reasonable basis in the evidence to acquit of first degree robbery ......