Section 6.11 Substance

• Library: App Ct Prac 2015 Supp

2. (§6.11) Substance

As for more substantive requirements, the rules mandate development of, and legal support for, the argument. Rule 30.20, applicable in criminal appeals, instructs that the appellate court will not consider allegations of error that are not briefed or that are not “properly briefed” unless the error relates to the sufficiency of the information or indictment, verdict, judgment, or sentence. In its discretion, the appellate court may also review for plain error if manifest injustice or miscarriage of justice has resulted. Id. See also Deck v. State,68 S.W.3d 418, 424 (Mo. banc 2002) (discussing Rule 30.20 and meaning of “plain error”).

Rule 84.13(a), applicable in civil appeals, contains similar limitations. Apart from questions involving the trial court’s subject matter jurisdiction, the sufficiency of the pleadings to state a claim, or a legal defense to a claim, the appellate court will not consider allegations of error that are not briefed or that are not “properly briefed.” Also, the appellate court will not consider any allegation of error that was not presented to or expressly decided...