Legal Opinion

State v. Avery

Supreme Court of Missouri

Decided November 25, 2003No. SC 85300PublishedCited by 56 opinions

1Opinion of the Court

LAURA DENVIR STITH, Judge.

Defendant Jamie Avery was convicted of second-degree murder and armed criminal action under section 565.021 and section 571.015. 1 The judge sentenced her to two consecutive terms of thirty years imprisonment. On appeal, Ms. Avery claims that the trial court erred in refusing to instruct the jury on self-defense, defense of premises, and voluntary manslaughter. This Court agrees. Although Ms. Avery testified at trial that the shooting was an accident, the State introduced evidence of pri- or statements by her to the police and to her boyfriend that supported…

2Cases cited23 opinions

  1. State v. DulanySupreme Court of Missouri · 1989
  2. State v. TaylorSupreme Court of Missouri · 1997
  3. State v. WestfallSupreme Court of Missouri · 2002
  4. State v. DerenzySupreme Court of Missouri · 2002
  5. State v. CreightonSupreme Court of Missouri · 1932

18 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. State v. JohnsonSupreme Court of Missouri · 2009
  2. McNeal v. StateSupreme Court of Missouri · 2013
  3. State v. BoyettNew Mexico Supreme Court · 2008
  4. State v. BeckMissouri Court of Appeals · 2005
  5. State v. BrunerSupreme Court of Missouri · 2018

51 more not listed; retrieve them via the Exa API.

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