Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

State v. Avery

Supreme Court of Missouri
120 S.W.3d 196 (Mo. 2003) (en banc)


Jamie Avery (defendant) lived with her boyfriend John Hamilton but was also conducting an affair with Bruce Paris. Avery and Paris were in Hamilton’s home and were arguing. When Hamilton called, Avery demanded Paris leave. Paris left, but only after Avery brandished a handgun at him. According to Avery, Paris returned, threatened to beat her, tried to grab the gun, and then Avery accidentally shot him. During her trial, Avery claimed that Paris had assaulted her earlier in the evening, that he was intoxicated and threatening, and produced evidence that Paris had made harassing calls to both Avery and Hamilton prior to that night. Avery was convicted of second-degree murder. Avery appealed, alleging that the trial judge erred in refusing to instruct the jury on the lesser charge of voluntary manslaughter.

Rule of Law


Holding and Reasoning (Stith, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 498,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial