30 Mississippi opinions name it 2 courts 1992–2026 7 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 |
|---|---|---|
Franklin v. Stategreen2 sentences2026However, “the jury should not be presented with a lesser-included-offense instruction unless the record provides an evidentiary basis for the instruction.” Franklin v. State, 136 So. 3d 1021, 1026 (¶11) (Miss. 2014) (quotation marks omitted). 2025But “lesser-included-offense instructions should not be indiscriminately granted; instead, the jury should not be presented with a lesser-included-offense instruction unless the record provides an evidentiary basis for the instruction.” Franklin v. State, 136 So. 3d 1021, 1026 (¶11) (Miss. 2014) (quotation marks omitted). | 7 | 7 |
Lee v. Stategreen2 sentences2019Lee v. State, 469 So. 2d 1225, 1230-31 (Miss. 1985). ¶18. 2006Reddix v. State, 731 So.2d 591, 594 (¶ 15) (Miss.1999); see Lee v. State, 469 So.2d 1225 (Miss.1985); Taylor v. State, 763 So.2d 913 (Miss.Ct.App.2000). | 7 | 7 |
Mease v. Stategreen2 sentences2004The Mississippi Supreme Court has held that "[a] lesser-included-offense instruction is proper only if the record supports finding an evidentiary basis for the instruction." Ormond v. State, 599 So.2d 951, 960 (Miss.1992) (citing Mease v. State, 539 So.2d 1324, 1330 (Miss.1989)). 2000The Mississippi Supreme Court has also held that "[a] lesser-included-offense instruction is proper only if the record supports finding an evidentiary basis for the instruction." Ormond v. State, 599 So.2d 951, 960 (Miss.1992) (citing Mease v. State, 539 So.2d 1324, 1330 (Miss.1989)) (other citations omitted). | 7 | 7 |
Ormond v. Stategreen2 sentences2004The Mississippi Supreme Court has held that "[a] lesser-included-offense instruction is proper only if the record supports finding an evidentiary basis for the instruction." Ormond v. State, 599 So.2d 951, 960 (Miss.1992) (citing Mease v. State, 539 So.2d 1324, 1330 (Miss.1989)). 2000The Mississippi Supreme Court has also held that "[a] lesser-included-offense instruction is proper only if the record supports finding an evidentiary basis for the instruction." Ormond v. State, 599 So.2d 951, 960 (Miss.1992) (citing Mease v. State, 539 So.2d 1324, 1330 (Miss.1989)) (other citations omitted). | 6 | 7 |
Reddix v. Stategreen2 sentences2006Reddix v. State, 731 So.2d 591, 594 (¶ 15) (Miss.1999); see Lee v. State, 469 So.2d 1225 (Miss.1985); Taylor v. State, 763 So.2d 913 (Miss.Ct.App.2000). 2005Reddix v. State, 731 So.2d 591, 594 (¶ 15) (Miss.1999); see Taylor v. State, 763 So.2d 913 (Miss.Ct.App.2000); Lee v. State, 469 So.2d 1225, 1230 (Miss.1985). | 2 | 2 |
Gangl v. Stategreen2 sentences2000Gangl v. State, 539 So.2d 132, 136 (Miss.1989). 1998Gangl v. State, 539 So.2d 132, 136 (Miss.1989); Harper v. State, 478 So.2d 1017, 1021 (Miss.1985); Lee v. State, 469 So.2d 1225, 1230 (Miss.1985). ¶ 38. | 2 | 2 |
Taylor v. Stategreen2 sentences2006Reddix v. State, 731 So.2d 591, 594 (¶ 15) (Miss.1999); see Lee v. State, 469 So.2d 1225 (Miss.1985); Taylor v. State, 763 So.2d 913 (Miss.Ct.App.2000). 2005Reddix v. State, 731 So.2d 591, 594 (¶ 15) (Miss.1999); see Taylor v. State, 763 So.2d 913 (Miss.Ct.App.2000); Lee v. State, 469 So.2d 1225, 1230 (Miss.1985). | 1 | 2 |
Moore v. Stategreen1 sentence2023Moore v. State, 806 So. 2d 308, 313 (Miss. | 1 | 1 |
Sheffield v. Stategreen1 sentence2019Sheffield v. State, 64 So. 3d 529, 533 (¶13) (Miss. | 1 | 1 |
Montana v. Stategreen1 sentence2015While the Mississippi Supreme Court has placed the evidentiary-basis bar extremely low for a defendant’s entitlement to a theory-of-defense instruction, Montana v. State, 822 So.2d 954, 962 (¶ 29) (Miss.2002) (citations omitted), there is Still a bar, and we cannot find that McCoy’s incompetent testimony ascended to the necessary height to scale the bar. | 1 | 1 |
Richardson v. Norfolk Southern Ry. Co.green1 sentence2008See Richardson, 923 So. 2d at 1010 (citations omitted). | 1 | 1 |
Chandler v. Stategreen1 sentence2008Chandler, 946 So.2d at 360 (¶ 21). | 1 | 1 |
Sanders v. Stategreen1 sentence2004Furthermore, a lesser-included-offense instruction may be given if the more serious offense includes all the elements of the lesser offense, "that is, it is impossible to commit the greater offense without at the same time committing the lesser-included offense." Sanders v. State, 479 So.2d 1097, 1108 (Miss.1985). | 1 | 1 |
Messer v. Stategreen2 sentences2001In Messer v. State , 483 So.2d 338 , 340 (Miss. 1986), the court held that a defendant whose testimony was tantamount to a confession that he sold and delivered marijuana was not entitled a to a lesser-included offense instruction because there was not an evidentiary basis for the instruction. 2001In Messer v. State, 483 So.2d 338, 340 (Miss.1986), the court held that a defendant whose testimony was tantamount to a confession that he sold and delivered marijuana was not entitled a to a lesser-included offense instruction because there was not an evidentiary basis for the instruction. | 1 | 1 |
Ross v. Stategreen1 sentence2001In support of this notion, he maintains that the "extraneous cause" requirement of Miss.Code Ann. § 97-1-7 (Rev.2000), as discussed in Ross v. State, 601 So.2d 872, 874 (Miss.1992), was not satisfied. | 1 | 1 |
Swinford v. Stategreen1 sentence1999Sufficient evidence was presented from which the jury could find that McClendon aided, counseled or encouraged others in the commission of the murder of Leon Hughes and did an act which is an element of the crime of murder or immediately connected with it, or leading to its commission. "[A]iding and abetting may be manifested by acts, words, signs, motions, or any conduct which unmistakably evinces a design to encourage, incite or approve of the crime, or even by being present, with the intention of giving assistance, if necessary, though such assistance may not be called into requisition." Sw | 1 | 1 |
Harper v. Stategreen1 sentence1998Gangl v. State, 539 So.2d 132, 136 (Miss.1989); Harper v. State, 478 So.2d 1017, 1021 (Miss.1985); Lee v. State, 469 So.2d 1225, 1230 (Miss.1985). ¶ 38. | 1 | 1 |
Ruffin v. Stategreen1 sentence1992Mease v. State, 539 So.2d 1324, 1330 (Miss. 1989); Lee v. State, 469 So.2d 1225, 1230 (Miss. 1985); Ruffin v. State, 444 So.2d 839, 840 (Miss. 1984). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Griffin v. State
green
2 sentences2008Griffin, 533 So.2d at 447 . 2007Griffin, 533 So. 2d at 447 . 3 Mississippi Code Annotated Section 97-29-31 on indecent exposure states as follows: A person who willfully and lewdly exposes his person, or private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself, is guilty of a misdemeanor and, on conviction, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or be imprisoned not exceeding six (6) months, or both. | 2 | 2007–2008 |
Davis v. State
green
2 sentences1995Davis, 684 So. 2d at 657 ; Ormond v. State, 599 So. 2d 951, 959 (Miss. 1992); Mease v. State, 539 So. 2d 1324, 1330 (Miss. 1989). 1994Davis, 684 So. 2d at 657 ; Ormond v. State, 599 So. 2d 951, 959 (Miss. 1992); Mease v. State, 539 So. 2d 1324, 1330 (Miss. 1989). | 2 | 1994–1995 |
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.