State v. Pierce

Docket NumberSC93321
Decision Date24 June 2014
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60 cases
  • State v. Jackson
    • United States
    • Missouri Supreme Court
    • June 24, 2014
    ...defendant was or was not armed is irrelevant for purpose of the elements of second-degree robbery. The same is true in the companion case, Pierce. No matter how compelling the evidence in Pierce was—or was not—concerning whether the cocaine base in the defendant's possession weighed more th......
  • State v. Blurton
    • United States
    • Missouri Supreme Court
    • March 15, 2016
    ...of that particular included offense.""The decision of what evidence to believe or disbelieve belongs solely to the jury." State v. Pierce, 433 S.W.3d 424, 432 (Mo. banc 2014). The trial court "is required to decide what facts a reasonable jury may find from the evidence, but it is never per......
  • Sprofera v. State
    • United States
    • Missouri Court of Appeals
    • October 27, 2020
    ...trial in August 2012, prior to the Missouri Supreme Court's decisions in State v. Jackson , 433 S.W.3d 390 (Mo. 2014), and State v. Pierce , 433 S.W.3d 424 (Mo. 2014). Application of Jackson and Pierce might well alter the analysis as to whether Sprofera was entitled to a lesser-included-of......
  • State v. Marr
    • United States
    • Missouri Court of Appeals
    • September 13, 2016
    ...not raised at the first opportunity in the circuit court, a constitutional claim is waived and cannot be raised [on appeal].” State v. Pierce , 433 S.W.3d 424, 429 (Mo.banc 2014) (quoting State v. Fassero , 256 S.W.3d 109 (Mo.banc 2008) ). “A defendant in a criminal case may expressly or by......
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2 books & journal articles
  • Section 1.12 Jury Instructions
    • United States
    • The Missouri Bar Evidence Deskbook Chapter 1 Introduction
    • Invalid date
    ...must find. A trial court may not usurp the jury’s duty by limiting its inquiry. Blurton, 484 S.W.3d at 789–90 (quoting State v. Pierce, 433 S.W.3d 424, 432 (Mo. banc...
  • Preservation of Instructional Error
    • United States
    • The Missouri Bar Objections Guidebook Part 2 Making a Proper Record in Criminal and Civil Cases
    • Invalid date
    ...subset of elements of the charged offense) based solely on its view of what evidence a reasonable juror must believe. · State v. Pierce, 433 S.W.3d 424 (Mo. banc 2014): Even though the uncontradicted evidence showed that Defendant had more than two grams of cocaine base, the trial court err......

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