{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"thomas-clement","displayName":"Thomas Clement","totalCases":1},"cases":[{"caseId":"moappd:ed110406:2023-03-07","opinionId":"8baf405a-da89-5fb8-b263-fe09aee2ab7f","slug":"state-of-missouri-respondent-v-thomas-clement-appellant-110406","caseName":"State of Missouri, Respondent, v. Thomas Clement, Appellant.","caseNumber":"ED110406","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2023-03-07","year":2023,"display_summary":"Thomas Clement was convicted of first-degree murder and armed criminal action after shooting Larry Neal. On appeal, Clement argued the trial court erred by refusing to instruct the jury on the \"Castle Doctrine\" self-defense, which allows for the use of deadly force against an unlawful entrant into a dwelling. The appellate court agreed, finding substantial evidence supported Clement's reasonable belief of an imminent threat and an attempted unlawful entry. The court vacated the judgment and remanded the case for a new trial, concluding the instructional error was prejudicial.","primaryTopic":"criminal-procedure","topicSlugs":["criminal-procedure","jury-instructions","evidence","appellate-procedure","standard-of-review"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=193098","detailUrl":"https://ott.law/missouri-courts/opinions/state-of-missouri-respondent-v-thomas-clement-appellant-110406","relatedPracticeAreas":[{"slug":"criminal-law","label":"Criminal Law","href":"/practice-areas/criminal-law","score":36,"source":"tag","evidence":["tag: criminal-law","topic: criminal-procedure","text: state of missouri","text: criminal"],"url":"https://ott.law/practice-areas/criminal-law"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","evidence":["topic: jury-instructions","topic: evidence","topic: appellate-procedure"],"url":"https://ott.law/practice-areas/litigation"}],"role":"appellant"}]}