State v. Singer

I have concluded that I must dissent from the majority’s holding that we have no authority to review claims of error in MAI-CR instructions required to be given under Rule 28.02. I realize that there are many cases supporting the position taken by the majority opinion. The seminal case appears to be State v. Yeokum, 516 S.W.2d 535, 537 (Mo.App.1974), in which I participated as a panel member. Cases typifying this point of view are:

Western District:

State v. Burton, 544 S.W.2d 60, 64 (Mo.App.1976)

State v. Washington, 570 S.W.2d 838, 843 (Mo.App.1978)

State v. Grady, 577 S.W.2d 930, 931…