RICHARD NEIL BURKETT Missouri Cases

Richard Neil Burkett was convicted of first-degree assault after a jury trial. On appeal, Burkett contended the circuit court erred by not submitting a self-defense instruction and by not giving a curative instruction regarding the State's closing argument. The Missouri Supreme Court affirmed the judgment, declining to review Burkett's unpreserved claims for plain error because he caused or contributed to the alleged errors and his claims were ill-suited for plain error review.

Richard Neil Burkett appealed his convictions for first-degree assault and armed criminal action, arguing the trial court plainly erred by not giving a self-defense instruction and by failing to intervene during the State's closing arguments. The appellate court found that there was substantial evidence to inject the issue of self-defense into the case, making the self-defense instruction mandatory. The court concluded that the failure to provide this instruction resulted in manifest injustice. Consequently, the convictions were vacated, and the case was remanded for a new trial.