Supreme Court Rule Changes
SUPREME COURT OF MISSOURI
en banc
June 27, 2003
In re: Revisions, additions and withdrawals to MACH-CR and MAI-CR 3d
Effective September 1, 2003
TABLE OF INSTRUCTIONS
MACH-CR 1.00 Supplemental Notes on Use
(Revision)
MACH-CR 2.00 Supplemental Notes on Use to the MACH-
CR 2.00 Series
(Revision)
MACH-CR 2.10 Indictment
(Charge - Revision)
(Notes on Use - Revision)
MACH-CR 2.11 Misdemeanor Information
(Charge - Revision)
(Notes on Use - Revision)
MACH-CR 2.15 Felony Information
(Charge - Revision)
(Notes on Use - Revision)
MACH-CR 2.22 Felony Complaint
(Charge - Revision)
(Notes on Use - Revision)
MACH-CR 2.23 Probable Cause Statement Form
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 300.03A Before Punishment Voir Dire in a Capital
Case
(Before August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 304.04 Parties: Defendant’s Responsibility for
Conduct of Another Person
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 313.00 Supplemental Notes on Use Applicable to
313.00 Series
(Before August 28, 2001)
(Instruction - Revision)
(Appendix - Revision)
MAI-CR 3d 313.30A Opening Instruction at the Second Stage of
Trial: After a Finding of Guilty of Murder
in the First Degree When the Death Penalty
was not Waived
(Instruction - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 313.30B Opening Instruction at the Second Stage of
Trial: After a Finding of Guilty of Murder
in the First Degree When the Death Penalty
was not Waived
(Instruction - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 313.38 Guilty of Murder in the First Degree:
Mental Retardation of Defendant
(Instruction - New)
(Notes on Use - New)
MAI-CR 3d 313.40 Guilty of Murder in the First Degree:
Statutory Aggravating Circumstances:
Finding Required for Death Penalty
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 313.48A Guilty of Murder in the First Degree:
Verdict Mechanics
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 313.48B Guilty of Murder in the First Degree:
Verdict Mechanics
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 313.58A Verdict Forms: Second Stage
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 313.58B Verdict Forms: Second Stage
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.00 Supplemental Notes on Use Applicable to
314.00 Series
(After August 28, 2001)
(Instruction - Revision)
(Appendix - Revision)
MACH-CR 14.02 Murder in the First Degree
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.02 Murder in the First Degree
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 14.04 Murder in the Second Degree:
Conventional
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.04 Murder in the Second Degree:
Conventional
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 14.06 Murder in the Second Degree: Felony
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.06 Murder in the Second Degree: Felony
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 14.08 Manslaughter: Voluntary
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.08 Manslaughter: Voluntary
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 14.10 Involuntary Manslaughter in the First
Degree: Recklessly
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.10 Involuntary Manslaughter in the First
Degree: Recklessly
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 14.12 Involuntary Manslaughter in the First
Degree: Driving While Intoxicated
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.12 Involuntary Manslaughter in the First
Degree: Driving While Intoxicated
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 14.14 Involuntary Manslaughter in the Second
Degree
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.14 Involuntary Manslaughter in the Second
Degree
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.38 Guilty of Murder in the First Degree:
Mental Retardation of Defendant (After
August 28, 2001)
(Instruction - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 314.40 Guilty of Murder in the First Degree:
Statutory Aggravating Circumstances:
Finding Required for Death Penalty
(After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.48 Guilty of Murder in the First Degree:
Verdict Mechanics
(After August 28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 314.50 Opening Instruction at the Second Stage of
Trial: After a Finding of Not Guilty of
Murder in the First Degree, But Guilty of
Murder in the Second Degree, Voluntary
Manslaughter or Involuntary
Manslaughter (After August 28, 2001)
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 314.52 Second Instruction: After a Finding of Not
Guilty of Murder in the First Degree, But
Guilty of Murder in the Second Degree,
Voluntary Manslaughter or Involuntary
Manslaughter (After August 28, 2001)
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 314.54 Argument of Counsel: After a Finding of
Not Guilty of Murder in the First Degree,
But Guilty of Murder in the Second Degree,
Voluntary Manslaughter or Involuntary
Manslaughter (After August 28, 2001)
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 314.56 Verdict Forms: First Stage (After August
28, 2001)
(Instruction - Withdrawn)
MAI-CR 3d 314.58 Verdict Forms: Second Stage (After August
28, 2001)
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 320.17 Child Molestation in the First Degree
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 320.19 Child Molestation in the Second Degree
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 320.21.1 Sexual Misconduct in the First Degree by
Contact
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 320.23.2 Sexual Misconduct in the Second Degree
by Public Sexual Contact
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 320.25 Sexual Misconduct in the Third Degree
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 320.27 Sexual Abuse
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 20.33 Sexual Contact with an Inmate
(Charge - New)
(Notes on Use - New)
MAI-CR 3d 320.33 Sexual Contact with an Inmate
(Instruction - New)
(Notes on Use - New)
MAI-CR 3d 323.02 Robbery in the First Degree
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 23.30 Alteration or Removal of Item Numbers:
Destroying, etc.
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 323.30 Alteration or Removal of Item Numbers:
Destroying, etc.
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 23.32 Alteration or Removal of Item Numbers:
Selling, Buying, etc.
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 323.32 Alteration or Removal of Item Numbers:
Selling, Buying, etc.
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 23.38 Tampering with Computer Data
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 323.38 Tampering with Computer Data:
Modifying or Destroying, Disclosing or
Accessing
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 323.40 Tampering with Computer Data:
Receiving, etc.
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 23.42 Tampering with Computer Equipment
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 323.42 Tampering with Computer Equipment:
Modifying or Taking
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 23.44 Tampering with Computer Users
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 323.44 Tampering with Computer Users:
Unauthorized Access
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 323.46 Tampering with Computer Users: Denying
Services
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.20.1 Forgery: Making or Altering a Writing
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 324.20.1 Forgery: Making or Altering a Writing
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.20.2 Forgery: Destruction of a Writing
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 324.20.2 Forgery: Destruction of a Writing
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.20.3 Forgery: Making or Altering Anything
Other Than a Writing
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 324.20.3 Forgery: Making or Altering Anything
Other Than a Writing
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.20.4 Forgery: Using, Possessing, or Transferring
(Charge - Unchanged)
(Notes on Use - Revision)
MACH-CR 24.30.1 Passing Bad Checks: With Purpose to
Defraud: Insufficient Funds
(Charge - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 324.30.1 Passing Bad Checks: With the Purpose to
Defraud: Insufficient Funds
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.30.2 Passing Bad Checks: With Purpose to
Defraud: Nonexistent Drawee
(Charge - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 324.30.2 Passing Bad Checks: With Purpose to
Defraud: Nonexistent Drawee
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.30.3 Passing Bad Checks: With Purpose to
Defraud: No Account
(Charge - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 324.30.3 Passing Bad Checks: With Purpose to
Defraud: No Account
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.30.4 Passing Bad Checks: Ten Day Notice
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 324.30.4 Passing Bad Checks: Ten Day Notice
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.32 Fraudulently Stopping Payment of an
Instrument
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 324.32 Fraudulently Stopping Payment of
Instrument
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.40 Fraudulent Use of a Credit Device or a
Debit Device
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 324.40 Fraudulent Use of a Credit Device or Debit
Device
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 29.30 Making a False Report
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 329.30 Making a False Report
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 29.60 Resisting or Interfering with Arrest
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 329.60 Resisting or Interfering with Arrest
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 29.61 Resisting or Interfering with a Lawful Stop or Detention
(Charge - Unchanged)
(Notes on Use - Revision)
MAI-CR 3d 329.61 Resisting or Interfering with a Lawful
Stop or Detention
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 32.02 Armed Criminal Action
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 332.02 Armed Criminal Action
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 32.48 Driving While License Suspended,
Revoked or Canceled
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 332.48 Driving While License Suspended,
Revoked or Canceled
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 32.58 Failure to Return Rented Personal
Property
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 332.58 Failure to Return Rented Personal
Property
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 32.80 Exposing Another Person to HIV
Infection
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 332.80 Exposing Another Person to HIV
Infection
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 333.00 Definitions - Specific
(Revision)
ORDER
1. Revisions, additions and withdrawals to previously approved pattern criminal indictments and informations (MACH-CR) as listed above, having been prepared by the Committee on Procedure in Criminal Cases and reviewed by the Court, are hereby adopted and approved.
2. Revisions, additions and withdrawals to previously approved criminal instructions and Notes on Use (MAI-CR 3d) as listed above, having been prepared by the Committee on Procedure in Criminal Cases and reviewed by the Court, are hereby adopted and approved.
3. The revisions and additions as set forth in the specific exhibits attached hereto must be used and followed on and after September 1, 2003, and may be used and followed prior thereto, and any such use shall not be presumed to be error.
4. It is further ordered that the above Table of Instructions and this Order, without the specific exhibits attached hereto, be published in the Journal of The Missouri Bar and the South Western Reporter.
Day - to - Day
Stephen N. Limbaugh, Jr.
Chief Justice
SUPREME COURT OF MISSOURI
en banc
June 27, 2003
In re: Revisions, additions and withdrawals to MACH-CR and MAI-CR 3d
Effective June 27, 2003
TABLE OF INSTRUCTIONS
MAI-CR 3d 304.08 The Principal Offense: Modifications
When Jury is Not to Assess Punishment
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 304.40 Verdict Forms: Bifurcated Trial: When
Punishment is Submitted to the Jury After
a Finding of Guilt
(Title - Revision)
(Instruction - New)
(Notes on Use - New)
MAI-CR 3d 304.44 Verdict Forms: Guilt Submitted to the Jury
(Title - Revision)
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 304.48 Verdict Forms: When the “Underlying”
Felony is Submitted as a Separate Offense
of Armed Criminal Action
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 304.50 Verdict Forms: When the “Underlying”
Felony is Submitted as a Separate Offense
of Murder in the Second Degree: Felony
(Instruction - Revision)
(Notes on Use - Revision)
MAI-CR 3d 305.01 First Instruction: After a Finding of Guilt
(Instruction - New)
(Notes on Use - New)
MAI-CR 3d 305.02 After a Finding of Guilt: Explanation of
Order of Proceedings When Evidence will
be Presented
(Instruction - New)
(Notes on Use - New)
MAI-CR 3d 305.03 After a Finding of Guilt: Verdict Mechanics
(Instruction - New)
(Notes on Use - New)
MAI-CR 3d 305.04 Argument of Counsel: After a Finding of
Guilt
(Instruction - New)
(Notes on Use - New)
MAI-CR 3d 305.07 Verdict Possibilities: Inability of Jury to
Agree Upon Punishment
(Instruction - New)
(Notes on Use - New)
MAI-CR 3d 312.02 Verdict Possibilities: Inability of Jury to
Agree Upon Punishment
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 312.04 Verdict Forms: Where MAI-CR 3d 312.02
is Given Because of Inability to Agree
Upon the Punishment
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 313.50 Opening Instruction at the Second Stage of
Trial: After a Finding of Not Guilty of
Murder in the First Degree, But Guilty of
Murder in the Second Degree, Voluntary
Manslaughter or Involuntary Manslaughter
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 313.52 Second Instruction: After a Finding of Not
Guilty of Murder in the First Degree, But
Guilty of Murder in the Second Degree,
Voluntary Manslaughter, or Involuntary
Manslaughter
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 313.54 Argument of Counsel: After a Finding of
Not Guilty of Murder in the First Degree,
But Guilty of Murder in the Second Degree,
Voluntary Manslaughter, or Involuntary
Manslaughter
(Instruction - Withdrawn)
(Notes on Use - Withdrawn)
MAI-CR 3d 313.56 Verdict Forms: First Stage
(Instruction - Withdrawn)
MACH-CR 22.10 Endangering the Welfare of a Child in the
First Degree
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 322.10 Endangering the Welfare of a Child in the
First Degree
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.02.1 Stealing: Without Consent
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 324.02.1 Stealing: Without Consent
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.02.2 Stealing: By Deceit
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 324.02.2 Stealing: By Deceit
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.02.3 Stealing: By Coercion
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 324.02.3 Stealing: By Coercion
(Instruction - Revision)
(Notes on Use - Revision)
MACH-CR 24.10 Receiving Stolen Property
(Charge - Revision)
(Notes on Use - Revision)
MAI-CR 3d 324.10 Receiving Stolen Property
(Instruction - Revision)
(Notes on Use - Revision)
ORDER
1. Revisions, additions and withdrawals to previously approved pattern criminal indictments and informations (MACH CR) as listed above, having been prepared by the Committee on Procedure in Criminal Cases and reviewed by the Court, are hereby adopted and approved.
2. Revisions, additions and withdrawals to previously approved criminal instructions and Notes on Use (MAI-CR 3d) as listed above, having been prepared by the Committee on Procedure in Criminal Cases and reviewed by the Court, are hereby adopted and approved.
3. The revisions and additions as set forth in the specific exhibits attached hereto must be used and followed on and after June 27, 2003.
4. It is further ordered that the above Table of Instructions and this Order, without the specific exhibits attached hereto, be published in the Journal of The Missouri Bar and the South Western Reporter.
Day - to - Day
Stephen N. Limbaugh, Jr.
Chief Justice
On May 13, 2003, the Supreme Court of Missouri approved Guidelines for The Missouri Bar Complaint Resolution Program.
Effective July 1, 2003, the new guidelines replace the guidelines previously approved by the Court in its September 6, 1995 order.
The complete text of the order can be found in West’s Missouri Cases, 102 S.W.3d No. 3, 103 S.W.3d No. 1, (June 10, 2003), pp. Ct.R.-5 – Ct.R.-11.
The Supreme Court of Missouri, in an order dated May 20, 2003, corrected the new subdivision (a) of subdivision 11.09, entitled “Senior Judge Limitations,” of Rule 11, entitled “Temporary Transfer of Judicial Personnel.”
This order became effective July 1, 2003.
The complete text of the order can be found in West’s Missouri Cases, 102 S.W.3d No. 3, 103 S.W.3d No. 1, (June 10, 2003), pp. Ct.R.-3 – Ct.R.-4.
In an order dated June 3, 2003, the Supreme Court of Missouri repealed subdivision (a) and subdivision (d) of subdivision 14.09 (Continuing Education, Accreditation of Programs and Activities) of Rule 14, entitled “Certified Court Reporters,” and in lieu thereof adopted new subdivisions (a) and (d) of subdivision 14.09, entitled “Continuing Education, Accreditation of Programs and Activities.”
This order becomes effective January 1, 2004.
The complete text of the order can be found in West’s Missouri Cases, 104 S.W.3d No. 3, 105 S.W.3d No. 1, (July 1, 2003), pp. Ct.R.-1 – Ct.R.-2.
JOURNAL OF THE MISSOURI BAR
Volume 59 - No. 4 - July-August 2003