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State v. Johnson

Citations

  • 284 S.W.3d 561
  • 2009 Mo. LEXIS 137
  • 2009 WL 1456341

How courts have described this case

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

  • holding that “[r]arely is plain error relief granted for a closing argument claim, absent an objection, because it may be a strategic decision by counsel”
  • holding that plain error during closing requires the defendant to prove that the argument had a decisive effect, established by reviewing the whole record and not just an isolated segment of the record
  • finding defense counsel’s statement of “no objection” to the admission of an exhibit into the evidentiary record waives plain error review on appeal
  • upholding a death sentence and finding no error for failure to instruct on the lesser include offenses requested by the defendant
  • “Plain error review does not apply when a party affirmatively states that it has no objection to evidence an opposing party is attempting to introduce or for a trial strategy reason.”
  • trial court instructed jury on charged offense of first-degree murder and on lesser-included offense of second-degree murder, but refused the defendant’s request for instructions on second-degree murder without sudden passion and voluntary manslaughter

Source: CourtListener parenthetical corpus (CC0).

Judges: Price, Stith, Russell, Wolff, Breckenridge, Fischer, Teitelman

Read full opinion on CourtListener

Cited by

139 cases in this archive cite this case; the 20 most cited are listed.

Cites

53 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.