Section 13.17 Passion or Prejudice

• Library: Civil Trial Practice 2015 Supp

O. (§13.17) Passion or Prejudice

Although counsel is permitted great leeway in final argument, counsel may not resort to a patently inflammatory appeal to prejudice. The verdict of the jury must be premised on impassioned evaluation of relevant evidence uninfluenced by counsel’s appeal to passion or prejudice. The number of cases is legion that have held as improper arguments designed around prejudice or that appeal to the passion of the jury. Calloway v. Fogel, 213 S.W.2d 405 (Mo. 1948); Handshy v. Nolte...