occurrence error (Mississippi) · Go Syfert
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occurrence error in Mississippi

36 Mississippi opinions name it 2 courts 1974–2023 1 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (17)

CaseFollowedCited
Lambert v. Stategreen
miss · 1990 · cited in 15 Mississippi opinions naming this issue, 1995–2011
2 sentences

2011The appellant is responsible for providing a “record sufficient to show the occurrence of the error he asserts.” Acker v. State, 797 So.2d 966, 971 (¶ 18) (Miss.2001) (quoting Lambert v. State, 574 So.2d 573, 577 (Miss.1990)).

2006“Our law is clear that an appellant must present to us a record sufficient to show the occurrence of the error he asserts and also that the matter was properly presented to the trial court and timely preserved.” Young v. State, 891 So.2d 813, 819 (¶ 14) (Miss.2005) (citing Lambert v. State, 574 So.2d 573, 577 (Miss.1990)); see also Williams v. State, 522 So.2d 201, 209 (Miss.1988) (citations omitted).

1415
Acker v. Stategreen
miss · 2001 · cited in 13 Mississippi opinions naming this issue, 2000–2017
2 sentences

2017Our supreme court has repeatedly held that "an appellant must present to us a record sufficient to show the occurrence of the error he asserts and also that the matter was properly presented to the trial court and timely preserved." Byrom v. State , 863 So.2d 836 , 853 (¶ 35) (Miss. 2003) (quoting Acker v. State , 797 So.2d 966 , 967 (¶ 18) (Miss. 2001) ).

2017But these claims are unsupported by either record evidence or authority. 9 This Court has been clear: “an appellant must present to us a record sufficient to show the occurrence of the error he asserts and also that *223 the matter was properly presented to the trial court and timely preserved.” Byrom v. State, 863 So.2d 836, 853 (¶ 35) (Miss. 2003) (citing Acker v. State, 797 So.2d 966, 967 (Miss. 2001) (quotations omitted)).

1113
Pulphus v. Stategreen
miss · 2001 · cited in 8 Mississippi opinions naming this issue, 2000–2006
2 sentences

2006King v. State, 857 So.2d 702, 714 (Miss.2003) (quoting Acker v. State, 797 So.2d 966, 972 (Miss.2001)); See also Pulphus v. State, 782 So.2d 1220, 1224 (Miss. 2001) ("Issues cannot be decided based on assertions from the briefs alone.

2004King v. State, 857 So. 2d 702, 714 (Miss. 2003) (quoting Acker v. State, 797 So. 2d 966, 972 (Miss. 2001)); See also Pulphus v. State, 782 So. 2d 1220, 1224 (Miss. 2001) ("Issues cannot be decided based on assertions from the briefs alone.

88
Young v. Stategreen
miss · 2005 · cited in 7 Mississippi opinions naming this issue, 2005–2019
2 sentences

2017“Our law is clear that an appellant must present to us a record sufficient to show the occurrence of the error he asserts and also that the matter was properly presented to the trial court and timely preserved.” Young v. State, 891 So. 2d 813, 819 (¶14) (Miss. 2005).

2017“Our law is clear that an appellant must present to us a record sufficient to show the occurrence of the error he asserts and also that the matter was properly presented to the trial court and timely preserved.” Young v. State, 891 So.2d 813, 819 (¶ 14) (Miss. 2005).

67
Moawad v. Stategreen
miss · 1988 · cited in 6 Mississippi opinions naming this issue, 1990–2005
2 sentences

2005Lambert v. State, 574 So.2d 573, 577 (Miss.1990) (citing Moawad v. State, 531 So.2d 632, 635 (Miss.1988) and Williams v. State, 522 So.2d 201, 209 (Miss.1988)).

2000In addition, Blanch has failed to argue or show how his defense, had he gone to trial, would have been inconsistent or incompatible with the defenses claimed by his co-defendants. "[An] Appellant must present to us a record sufficient to show the occurrence of the error he asserts and also that the matter was properly presented to the trial court and timely preserved." Lambert v. State, 574 So.2d 573, 577 (Miss.1990) (citing Moawad v. State, 531 So.2d 632, 635 (Miss.1988)). *825 ¶ 10.

66
Williams v. Stategreen
miss · 1988 · cited in 6 Mississippi opinions naming this issue, 1990–2006
2 sentences

2006“Our law is clear that an appellant must present to us a record sufficient to show the occurrence of the error he asserts and also that the matter was properly presented to the trial court and timely preserved.” Young v. State, 891 So.2d 813, 819 (¶ 14) (Miss.2005) (citing Lambert v. State, 574 So.2d 573, 577 (Miss.1990)); see also Williams v. State, 522 So.2d 201, 209 (Miss.1988) (citations omitted).

2005Lambert v. State, 574 So.2d 573, 577 (Miss.1990) (citing Moawad v. State, 531 So.2d 632, 635 (Miss.1988) and Williams v. State, 522 So.2d 201, 209 (Miss.1988)).

56
Byrom v. Stategreen
miss · 2003 · cited in 6 Mississippi opinions naming this issue, 2004–2023
2 sentences

2018Assuming Clayton intended to argue that the circuit court erroneously excluded the social-media post on other grounds, he fails to state those grounds or cite any case law in support thereof. "[A]n appellant must present to us a record sufficient to show the occurrence of the error he asserts and also that the matter was properly presented to the [circuit] court and timely preserved." Byrom v. State , 863 So.2d 836 , 853 (¶ 35) (Miss. 2003).

2017But these claims are unsupported by either record evidence or authority. 9 This Court has been clear: “an appellant must present to us a record sufficient to show the occurrence of the error he asserts and also that *223 the matter was properly presented to the trial court and timely preserved.” Byrom v. State, 863 So.2d 836, 853 (¶ 35) (Miss. 2003) (citing Acker v. State, 797 So.2d 966, 967 (Miss. 2001) (quotations omitted)).

36
King v. Stategreen
miss · 2003 · cited in 3 Mississippi opinions naming this issue, 2004–2010
2 sentences

2010It is Roberson’s responsibility, as the appellant, to provide this Court with a record sufficient “to show the occurrence of the error.” Younger v. State, 931 So.2d 1289, 1291 (¶ 5) (Miss.2006) (quoting King v. State, 857 So.2d 702, 714 (¶ 12) (Miss.2003)). ¶ 38.

2006King v. State, 857 So.2d 702, 714 (Miss.2003) (quoting Acker v. State, 797 So.2d 966, 972 (Miss.2001)); See also Pulphus v. State, 782 So.2d 1220, 1224 (Miss. 2001) ("Issues cannot be decided based on assertions from the briefs alone.

33
Branch v. Stategreen
miss · 1977 · cited in 2 Mississippi opinions naming this issue, 1999–2001
2 sentences

2001In Branch v. State, 347 So.2d 957, 958 (Miss. 1977) this Court stated that "[t]here is a presumption that the judgment of the trial court is correct and the burden is on the Appellant to demonstrate some reversible error to this Court." This Court has stated: Our law is clear that an appellant must present to us a record sufficient to show the occurrence of the error he asserts and also that the matter was properly presented to the trial court and timely preserved.

1999In Branch v. State, 347 So.2d 957, 958 (Miss. 1977) this Court stated that "[t]here is a presumption that the judgment of the trial court is correct and the burden is on the Appellant to demonstrate some reversible error to this Court." This Court has stated: Our law is clear that an appellant must present to us a record sufficient to show the occurrence of the error he asserts and also that the matter was properly presented to the trial court and timely preserved.

22
Ira Joseph Clayton v. State of Mississippigreen
missctapp · 2018 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023However, White made no contemporaneous objection to any specific portion of the tape as it was being played, and he made no record of what was said in the portions shown that establishes his claims of prejudice or irrelevance. “[A]n appellant must present to us a record sufficient to show the occurrence of the error he asserts and also that the matter was properly presented to the [circuit] court and timely preserved.” Clayton v. State, 271 So. 3d 672, 678 (¶25) (Miss.

11
Sheila Russell v. Donnie Euvon Horn Byrdgreen
missctapp · 2017 · cited in 1 Mississippi opinions naming this issue, 2019–2019
1 sentence

2019“Our law is clear that an appellant must present to us a record sufficient to show the occurrence of the error he asserts and also that the matter was properly presented to the trial court and timely preserved.” In re Estate of Wylie, 226 So. 3d 114, 120 (¶17) (Miss.

11
Simmons v. Stategreen
miss · 2001 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017And “[fjailure to cite relevant authority obviates the appellate court’s obligation to review such issues.” Id. (citing Simmons v. State, 805 So.2d 452, 487 (Miss. 2001) (citations omitted)).

11
Mohr v. Stategreen
miss · 1991 · cited in 1 Mississippi opinions naming this issue, 2010–2010
1 sentence

2010As our supreme court has noted, “[t]he jury is the sole judge of the weight of the evidence and the credibility of the witnesses.” Lima v. State, 7 So.3d 903, 910 (¶ 35) (Miss.2009) (quoting Mohr v. State, 584 So.2d 426, 431 (Miss.1991)).

11
Younger v. Stategreen
miss · 2006 · cited in 1 Mississippi opinions naming this issue, 2010–2010
1 sentence

2010It is Roberson’s responsibility, as the appellant, to provide this Court with a record sufficient “to show the occurrence of the error.” Younger v. State, 931 So.2d 1289, 1291 (¶ 5) (Miss.2006) (quoting King v. State, 857 So.2d 702, 714 (¶ 12) (Miss.2003)). ¶ 38.

11
Lima v. Stategreen
miss · 2009 · cited in 1 Mississippi opinions naming this issue, 2010–2010
1 sentence

2010As our supreme court has noted, “[t]he jury is the sole judge of the weight of the evidence and the credibility of the witnesses.” Lima v. State, 7 So.3d 903, 910 (¶ 35) (Miss.2009) (quoting Mohr v. State, 584 So.2d 426, 431 (Miss.1991)).

11
Oakwood Homes Corp. v. Randallgreen
miss · 2002 · cited in 1 Mississippi opinions naming this issue, 2004–2004
1 sentence

2004"The appellant has the duty of insuring that the record contains sufficient evidence to support his assignments of error on appeal." Oakwood Homes Corp. v. Randall, 824 So.2d 1292, 1293 (¶ 4) (Miss.2002).

11
First Nat. Bank of Commerce, New Orleans v. Eavesgreen
lactapp · 1973 · cited in 1 Mississippi opinions naming this issue, 1974–1974
1 sentence

1974See First Nat'l Bank of Commerce v. Eaves, 282 So.2d 741 (La.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Hammonds v. State neutral
missctapp · 1999
1 sentence

2000Further, this Court has found that "[t]he trial judge has discretion to grant a severance if it is necessary to promote a fair determination of the defendant's guilt or innocense." Hammonds v. State, 734 So.2d 295 (¶ 13) (Miss.Ct.App.1999).

12000–2000

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-19 (6) MS § Miss. Code Ann. § 97-1-1 (3) MS § Miss. Code Ann. § 97-3-95 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CT 44 (1988–2025) MS 36 (1974–2023) OH 22 (1989–2025) PA 20 (1978–2025) GA 18 (1940–2026) TX 17 (1948–2020) NY 16 (1945–2024) CA 16 (1946–2022) IN 16 (1979–2017) IL 14 (1948–2023) NJ 14 (1957–2025) NM 13 (1996–2022) SD 12 (1990–2020) NE 11 (1984–2022) KS 10 (1988–2015) WA 9 (1995–2026) MO 8 (1980–2025) AR 8 (1973–2020) AL 7 (1946–2015) LA 7 (1983–2019) KY 6 (1997–2025) ME 6 (1996–2019) FL 5 (1958–2014) MN 5 (1945–2017) DE 5 (1977–2025) MD 4 (1974–2022) DC 4 (1997–2014) NC 4 (1948–1996) NV 4 (1963–2014) AZ 3 (1981–2010) OK 3 (1950–2023) TN 3 (2014–2019) OR 3 (1945–2008) AK 3 (1990–2016) WV 2 (1979–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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