Section 1.21 Jury Instructions

• Library: App Ct Prac 2015 Supp

f. (§1.21) Jury Instructions

The most rigid, even unforgiving, review pertains to the use of Missouri Approved Jury Instructions. This standard does not relate to whether a particular instruction was used in a certain case. Rather, it pertains to whether there were any deviations from the instructions contained in the Missouri Approved Jury Instructions.

Generally, the forms of instruction contained in the Missouri Approved Jury Instructions must be utilized when applicable. Griffith v. Saavedra, 409 S.W.2d 665 (Mo. 1966); Hosto v. Union Elec. Co., 51 S.W.3d 133 (Mo. App. E.D. 2001). But they may be modified when necessary to fairly submit an issue. Jurgeson v. Romine, 442 S.W.2d 176 (Mo. App. W.D. 1969). Thus, the standard is that, when there is a deviation from an applicable Missouri Approved Jury Instruction, prejudicial error will be presumed unless the proponent of the instruction shows that no prejudice could have resulted from that deviation. Lopez v. Three Rivers Elec. Coop., Inc., 26 S.W.3d 151 (Mo. banc 2000). Upon review of the instructions, the burden of showing that no prejudice could have resulted from a deviation rests on the proponent of that instruction in terms of overcoming the reviewing court’s presumption of reversible error. Murphy v. Land, 420 S.W.2d 505 (Mo. 1967); Gorman v....