Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
32 Mississippi opinions name it 2 courts 2002–2021 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.
| Case | Followed | Cited |
|---|---|---|
Coleman v. Stategreen2 sentences2008See Coleman v. State, 697 So.2d 777, 782 (Miss.1997). 2008See Coleman v. State, 697 So.2d 777, 782 (Miss.1997). | 12 | 12 |
Rubenstein v. Stategreen2 sentences2014On review of the denial of a jury instruction, this Court “review[s] the jury instructions as a whole ‘to determine if the jury was properly instructed.’ ” Flowers v. State, 51 So.3d 911 (Miss.2010) (quoting Rubenstein v. State, 941 So.2d 735, 787 (Miss.2006)). 2013On review of the denial of a jury instruction, this Court “review[s] the jury instructions as a whole ‘to determine if the jury was properly instructed.’” Flowers v. State, 51 So. 3d 911 (Miss. 2010) (quoting Rubenstein v. State, 941 So. 2d 735, 787 (Miss. 2006)). | 6 | 6 |
Green v. Stategreen2 sentences2015“It is well established that when error is predicated upon the denial of a jury instruction requested by the defendant, the defendant need not make a contemporaneous objection to the denial in order to preserve the error for appeal.” Neal v. State, 15 So.3d 388, 408 (¶ 50) (Miss.2009) (citing Green v. State, 884 So.2d 733, 736 (Miss.2004)). 2015“It is well established that when error is predicated upon the denial of a jury instruction requested by the defendant, the defendant need not make a contemporaneous objection to the denial in order to preserve the error for appeal.” Neal v. State, 15 So. 3d 388, 408 (¶ 50) (Miss. 2009) (citing Green v. State, 884 So. 2d 733, 736 (Miss. 2004)). | 5 | 5 |
Edwards v. Stategreen2 sentences2015Errors pertaining to the refusal of jury instructions are “procedurally preserved by the mere tendering of the instructions, suggesting that they are correct and asking the Court to submit them to the jury.” Neal, 15 So.3d at 408 (¶ 50) (quoting Rubenstein v. State, 941 So.2d 735, 789 (Miss.2006) (quoting Edwards v. State, 737 So.2d 275, 310 (Miss.1999))). 2015Errors pertaining to the refusal of jury instructions are “procedurally preserved by the mere tendering of the instructions, suggesting that they are correct and asking the Court to submit them to the jury.” Neal, 15 So. 3d at 408 (¶ 50) (quoting Rubenstein v. State, 941 So. 2d 735, 789 (Miss. 2006) (quoting Edwards v. State, 737 So. 2d 275, 310 (Miss. 1999))). | 3 | 3 |
Neal v. Stategreen2 sentences2015“It is well established that when error is predicated upon the denial of a jury instruction requested by the defendant, the defendant need not make a contemporaneous objection to the denial in order to preserve the error for appeal.” Neal v. State, 15 So.3d 388, 408 (¶ 50) (Miss.2009) (citing Green v. State, 884 So.2d 733, 736 (Miss.2004)). 2015“It is well established that when error is predicated upon the denial of a jury instruction requested by the defendant, the defendant need not make a contemporaneous objection to the denial in order to preserve the error for appeal.” Neal v. State, 15 So. 3d 388, 408 (¶ 50) (Miss. 2009) (citing Green v. State, 884 So. 2d 733, 736 (Miss. 2004)). | 3 | 3 |
Pauley v. Stategreen2 sentences2014“A party has the right to have the jury instructed on all material issues presented by the evidence; generally, an instruction should be granted if it correctly states the law, is supported by the evidence, and is not repetitious.” Pauley v. State, 113 So.3d 557, 564 (Miss.2013). 2013“A party has the right to have the jury instructed on all material issues presented by the evidence; generally, an instruction should be granted if it correctly states the law, is supported by the evidence, and is not repetitious.” Pauley v. State, 113 So. 3d 557, 564 (Miss. 2013). | 3 | 3 |
Davis v. Stategreen2 sentences2013Davis v. State, 18 So.3d 842, 847 (Miss.2009). “[T]he defense is entitled to an instruction covering the theory of the case so long as there is evidence in the record that would support that theory without regard to the probative value of that evidence so long as it is more than a mere scintilla of proof.” Lester v. State, 862 So.2d 582, 586 (Miss. 2012Davis v. State, 18 So.3d 842, 847 (¶ 15) (Miss.2009). | 3 | 3 |
Ousley v. Stategreen2 sentences2019Ousley v. State, 984 So. 2d 996, 1000 (¶15) (Miss. 2011When reviewing a denial of a jury instruction, an appellate court “must consider not only the denied instruction but also all of the instructions which were given to ascertain if error lies in the refusal to give the requested instruction.” Ousley v. State, 984 So.2d 996, 1000 (¶ 15) (Miss.Ct.App.2007) (citing Divine v. State, 947 So.2d 1017, 1021 (¶ 6) (Miss.Ct.App.2007)) (cert. granted on other issue, 984 So.2d 985 (Miss.2008)). | 2 | 2 |
Lester v. Stategreen2 sentences2013Davis v. State, 18 So.3d 842, 847 (Miss.2009). “[T]he defense is entitled to an instruction covering the theory of the case so long as there is evidence in the record that would support that theory without regard to the probative value of that evidence so long as it is more than a mere scintilla of proof.” Lester v. State, 862 So.2d 582, 586 (Miss. 2010Davis v. State, 18 So. 3d 842, 847 (Miss. 2009). “[T]he defense is entitled to an instruction covering the theory of the case so long as there is evidence in the record that would support that theory without regard to the probative value of that evidence so long as it is more than a mere scintilla of proof.” Lester v. State, 862 So. 2d 582, 586 (Miss. | 2 | 2 |
Divine v. Stategreen2 sentences2011When reviewing a denial of a jury instruction, an appellate court “must consider not only the denied instruction but also all of the instructions which were given to ascertain if error lies in the refusal to give the requested instruction.” Ousley v. State, 984 So.2d 996, 1000 (¶ 15) (Miss.Ct.App.2007) (citing Divine v. State, 947 So.2d 1017, 1021 (¶ 6) (Miss.Ct.App.2007)) (cert. granted on other issue, 984 So.2d 985 (Miss.2008)). 2007Divine v. State, 947 So.2d 1017, 1021 (¶ 6) (Miss.Ct.App.2007); see Coleman v. State, 697 So.2d 777, 782 (Miss.1997). ¶ 16. | 2 | 2 |
Guillen v. Stategreen2 sentences2005A defendant is entitled to have instructions given which present his theory of the case; however, this entitlement is limited in that the court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in another instruction, or is without foundation in the evidence." Guillen v. State, 825 So.2d 697, 698 (¶ 5) (Miss. 2003A defendant is entitled to have instructions given which present his theory of the case, however, this entitlement is limited in that the court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in another instruction, or is without foundation in the evidence.” Guillen v. State, 825 So.2d 697, 698 (¶ 5) (Miss.Ct.App.2002). ¶ 10. | 2 | 2 |
CLARK, MINOR, ETC. v. Maskgreen2 sentences2021Clark v. Mask, 232 Miss. 65, 69-70 , 98 So. 2d 467, 469-70 (1957). 2021Clark v. Mask, 232 Miss. 65, 69-70 , 98 So. 2d 467, 469-70 (1957). | 1 | 1 |
Everett Moore v. State of Mississippigreen1 sentence2020Moore v. State, 247 So. 3d 1198, 1201 (¶14) (Miss. 2018). ¶28. | 1 | 1 |
Dennis Thompson v. State of Mississippigreen1 sentence2020Thompson v. State, 230 So. 3d 1044, 1052 (¶24) (Miss. | 1 | 1 |
Ladnier v. Stategreen1 sentence2011We acknowledge that the Mississippi Supreme Court has also held that a trial court “may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence.” Ladnier v. State, 878 So.2d 926, 931 (¶ 20) (Miss.2004) (citation omitted). ¶ 17. | 1 | 1 |
Carmichael v. Agur Realty Co., Inc.green1 sentence2006Carmichael v. Agur Realty Co., Inc., 574 So.2d 603, 613 (Miss.1990). | 1 | 1 |
Leverett v. Stategreen2 sentences2003Leverett v. State, 112 Miss. 394, 410 , 73 So. 273, 276 (1916). 2003Leverett v. State, 112 Miss. 394, 410 , 73 So. 273, 276 (1916). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Flowers v. State
green
2 sentences2014On review of the denial of a jury instruction, this Court “review[s] the jury instructions as a whole ‘to determine if the jury was properly instructed.’ ” Flowers v. State, 51 So.3d 911 (Miss.2010) (quoting Rubenstein v. State, 941 So.2d 735, 787 (Miss.2006)). 2013On review of the denial of a jury instruction, this Court “review[s] the jury instructions as a whole ‘to determine if the jury was properly instructed.’” Flowers v. State, 51 So. 3d 911 (Miss. 2010) (quoting Rubenstein v. State, 941 So. 2d 735, 787 (Miss. 2006)). | 3 | 2013–2014 |
Ousley v. State
green
1 sentence2011When reviewing a denial of a jury instruction, an appellate court “must consider not only the denied instruction but also all of the instructions which were given to ascertain if error lies in the refusal to give the requested instruction.” Ousley v. State, 984 So.2d 996, 1000 (¶ 15) (Miss.Ct.App.2007) (citing Divine v. State, 947 So.2d 1017, 1021 (¶ 6) (Miss.Ct.App.2007)) (cert. granted on other issue, 984 So.2d 985 (Miss.2008)). | 1 | 2011–2011 |
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.
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.