Order dated November 22, 2022, re: Adoptions and Revisions to MAI-CR 4th

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Supreme Court of Missouri
en banc

November 22, 2022
Effective July 1, 2023

In re:  Adoptions and Revisions to MAI-CR 4th

TABLE OF INSTRUCTIONS

MAI-CR 4th 400.06  AFTER THE JURY IS SWORN
(Instruction – Revision)
(Notes on Use – Revision)

MAI-CR 4th 404.11  DEFENSES
(Instruction – Revision)

MAI-CR 4th 404.40  VERDICT FORMS: BIFURCATED TRIAL: WHEN PUNISHMENT IS SUBMITTED TO THE JURY AFTER A FINDING OF GUILT
(Instruction – Revision)
(Notes on Use – Revision)

MAI-CR 4th 405.01  FIRST INSTRUCTION AFTER FINDING OF GUILT WHEN JURY MUST DETERMINE WHETHER SPECIFIC ADDITIONAL FACTS EXIST
(Title – Revision)
(Instruction – Revision)
(Notes on Use – Revision)

MAI-CR 4th 405.02  AFTER A FINDING OF GUILT: EXPLANATION OF ORDER OF PROCEEDINGS WHEN EVIDENCE WILL BE PRESENTED REGARDING SPECIFIC ADDITIONAL FACT(S) JURY MUST FIND BEYOND A REASONABLE DOUBT
(Title – Revision)
(Notes on Use – Revision)

MAI-CR 4th 405.04  VERDICT MECHANICS ON FINDING SPECIFIC ADDITIONAL FACT(S)
(Title – Revision)
(Instruction – Revision)
(Notes on Use – Revision)

MAI-CR 4th 405.06 ARGUMENT OF COUNSEL AS TO EXISTENCE OF SPECIFIC ADDITIONAL FACT(S) THAT MUST BE PROVEN BEYOND A REASONABLE DOUBT BEFORE SENTENCING
(Instruction - New)
(Notes on Use - New)

MAI-CR 4th 405.08  VERDICT FORM: FINDING BY JURY AS TO WHETHER SPECIFIC ADDITIONAL FACT HAS BEEN PROVEN
(Instruction - New)
(Notes on Use - New)

MAI-CR 4th 405.10  WHEN THE JURY IS TO ASSESS AND DECLARE PUNISHMENT 
(Instruction - New)
(Notes on Use - New)

MAI-CR 4th 405.12  EXPLANATION OF ORDER OF PROCEEDINGS WHEN EVIDENCE WILL BE PRESENTED BEFORE THE JURY ASSESSES AND DECLARES PUNISHMENT
(Instruction - New)
(Notes on Use - New)

MAI-CR 4th 405.13  AFTER A FINDING OF GUILT: VERDICT MECHANICS WHEN THE JURY ASSESSES AND DECLARES PUNISHMENT
(Instruction - New)
(Notes on Use - New)

MAI-CR 4th 405.14  ARGUMENT OF COUNSEL: AFTER A FINDING OF GUILT WHEN THE JURY ASSESSES AND DECLARES PUNISHMENT
(Instruction - New)
(Notes on Use - New)

MAI-CR 4th 405.17  VERDICT POSSIBILITIES: INABILITY OF JURY TO AGREE UPON PUNISHMENT
(Instruction - New)
(Notes on Use - New)

MAI-CR 4th 414.00 TO 414.00  SUPPLEMENTAL NOTES ON USE APPLICABLE SERIES
(Notes on Use - New)

ORDER

1.  Missouri Approved Instructions – Criminal, Fourth Edition (MAI-CR 4th), as listed above, having been prepared by the Committee on Procedure in Criminal Cases and reviewed by the Court, are hereby adopted and approved.  The instructions, forms, and Notes on Use for MAI-CR 4th must be used and followed on and after July 1, 2023, and may be used and followed prior thereto, and any such use shall not be presumed to be error.

2.  It is further ordered that the above Table of Instructions and this Order be published in the Journal of The Missouri Bar and the South Western Reporter.

Day – to – Day

_____________________
PAUL C. WILSON
Chief Justice

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