Farwell v. A. & St. L. R. R.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that manifest injustice occurs when a “defect in the proceeding [exists that is] shocking or jurisprudentially intolerable[]”
• holding “[A]ssignments of error in ‘the giving or the failure to give’ an instruction are subject to RCr 9.54(2)'s bar on appellate review[.]”
• applying palpable error review to jury instructions where the jury instruction was not correctly given
• “RCr 9.54(2) bars palpable error review for unpreserved claims that the trial court erred in the giving or the failure to give a specific instruction.”
• “RCr 9.54(2) bars palpable error review for unpreserved claims that the trial court erred in the giving or failure to give a specific instruction[]”
• “Under RCr 10.26, an unpreserved error may generally be noticed on appeal if the error is ‘palpable’ and if it ‘affects the substantial rights of a party.’”

Source: CourtListener parenthetical corpus (CC0).