request for a peremptory instruction in Mississippi

2021“The sufficiency of the evidence is challenged with a motion for a directed verdict, a request for a peremptory instruction, or a motion for judgment notwithstanding the verdict (JNOV).” Pace v. State, 242 So. 3d 107, 117 (¶24) (Miss. 2018) (citing McClain v. State, 11 625 So. 2d 774, 778 (Miss. 1993)).

2006A motion for a directed verdict and JNOV, as well as a request for a peremptory instruction, challenge the legal sufficiency of the evidence, "since each requires consideration of the evidence before the court when made." McClain v. State, 625 So.2d 774, 778 (Miss.1993). *208 "The standard of review for a denial of a directed verdict, peremptory instruction, and a JNOV are identical." Purnell v. State, 878 So.2d 124, 128 (¶ 14) (Miss.Ct.

2004In Jefferson v. State, 818 So.2d 1099, 1110-11 (Miss.2002), this Court held that the standard of review for denials of motions for directed verdict, judgment notwithstanding the verdict and a request for a peremptory instruction is the same.

2004In Jefferson v. State, 818 So.2d 1099, 1110-11 (Miss.2002), our supreme court held that the standard of review for denials of motions for a directed verdict, judgment notwithstanding the verdict and a request for a peremptory instruction is the same.

2001Our standard of review is as follows: The standard of review for peremptory instructions and directed verdicts are the same. `In passing upon a request for a peremptory instruction, all evidence introduced by the State is to be accepted as true, together with any reasonable inferences that can be drawn from that evidence, and if sufficient evidence to support a verdict of guilt exists, the motion for a directed verdict is to be overruled.' Brown v. State, 556 So.2d 338, 340 (Miss.1990)(citing Butler v. State, 544 So.2d 816 (Miss.1989)). `Furthermore, when the trial court has erred in refusing

1998"In passing upon a request for a peremptory instruction, all evidence introduced by the State is to be accepted as true, together with any reasonable inferences that can be drawn from that evidence, and if sufficient evidence to support a verdict of guilty exists, the motion for a directed verdict is to be overruled." Brown v. State, 556 So.2d 338, 340 (Miss.1990) (citing Butler v. State, 544 So.2d 816 (Miss. 1989)).

2018Wetz v. State, 503 So. 2d 803, 807-08 (Miss. 1987) 19 (distinguished on other grounds by Bush v. State, 895 So. 3d 836 (Miss. 2005)).

2018Wetz v. State , 503 So.2d 803 , 807-08 (Miss. 1987) (distinguished on other grounds by Bush v. State , 895 So.2d 836 (Miss. 2005) ).

2024“The sufficiency of the evidence is challenged with a motion for a directed verdict, a request for a peremptory instruction, or a motion for judgment notwithstanding the 16 verdict (JNOV).” Pace v. State, 242 So. 3d 107, 117 (¶24) (Miss. 2018). ¶40.

2021“The sufficiency of the evidence is challenged with a motion for a directed verdict, a request for a peremptory instruction, or a motion for judgment notwithstanding the verdict (JNOV).” Pace v. State, 242 So. 3d 107, 117 (¶24) (Miss. 2018) (citing McClain v. State, 11 625 So. 2d 774, 778 (Miss. 1993)).

2003Dickey v. State, 819 So.2d 1253, 1256 (¶ 9) (Miss.2002) (citing Ellis v. State, 778 So.2d 114, 117 (¶ 7) (Miss.2000)).

2002Ellis v. State, 778 So.2d 114, 117 (Miss.2000).

1999See also Strong v. State, 600 So.2d 199, 201 (Miss.1992) (stating that the trial judge is bound by the same law whether addressing a motion for directed verdict or addressing a request for a peremptory instruction).

1998See also Strong v. State, 600 So.2d 199, 201 (Miss.1992) (stating that the trial judge is bound by the same law whether addressing a motion for directed verdict or addressing a request for a peremptory instruction).

2024Our supreme court has held that “[i]n the absence of a renewal of the directed verdict, a request for a peremptory instruction, or a motion for a judgment notwithstanding the verdict, [a defendant] has waived the sufficiency error on appeal.” Holland v. State, 656 So. 2d 1192, 1197 (Miss. 1995).

2022“In the absence of a renewal of the directed verdict, a request for a peremptory instruction, or a motion for a judgment notwithstanding the verdict, [Eubanks] has waived the sufficiency error on appeal.” Holland v. State, 656 So. 2d 1192, 1197 (Miss. 1995) (citing Griffin v. State, 495 So. 2d 1352, 1353 (Miss. 1986)). ¶41.

2022“A challenge to the sufficiency of the evidence ‘can be raised in a motion for directed verdict made at the end of the case for the prosecution, a request for a peremptory instruction at the end of all of the evidence or the motion for a directed verdict at that point, or finally, a motion for judgment of acquittal notwithstanding the verdict.’” Id. (quoting Myles, 774 So. 2d at 491 (¶15)).

2022“A challenge to the sufficiency of the evidence ‘can be raised in a motion for directed verdict made at the end of the case for the prosecution, a request for a peremptory instruction at the end of all of the evidence or the motion for a directed verdict at that point, or finally, a motion for judgment of acquittal notwithstanding the verdict.’” Id. (quoting Myles, 774 So. 2d at 491 (¶15)).

2011Easter v. State, 878 So.2d 10, 21 (¶ 36) (Miss.2004).

2009Hoye’s only argument with respect to this issue is that the indictment stated that he sold and delivered a Schedule II controlled substance to a MBN confidential informant number 96-2006, and at trial, the prosecution did not prove that Lewis was confidential informant number 96-2006. ¶ 15. “[T]he standard of review for denials of motions for [a] directed verdict ... and a request for a peremptory instruction is the same.” Easter v. State, 878 So.2d 10, 21 (¶ 36) (Miss.2004) (citations omitted).

2004We will disturb a jury verdict on appeal only if it "is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice." Id. (quoting Herrington v. Spell, 692 So.2d 93, 103-04 (Miss.1997)). ¶ 10. "[T]he standard of review for denials of motions for directed verdict, *379 judgment notwithstanding the verdict and a request for a peremptory instruction is the same." Shelton v. State, 853 So.2d 1171, 1186 (Miss.2003).

2000We will disturb a jury verdict on appeal only if it “is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice.” Id. (quoting Herrington v. Spell, 692 So.2d 93, 103-04 (Miss. 1997)). ¶10. “[T]he standard of review for denials of motions for directed verdict, judgment notwithstanding the verdict and a request for a peremptory instruction is the same.” Shelton v. State, 853 So.2d 1171, 1186 (Miss. 2003).

2001Our standard of review is as follows: The standard of review for peremptory instructions and directed verdicts are the same. `In passing upon a request for a peremptory instruction, all evidence introduced by the State is to be accepted as true, together with any reasonable inferences that can be drawn from that evidence, and if sufficient evidence to support a verdict of guilt exists, the motion for a directed verdict is to be overruled.' Brown v. State, 556 So.2d 338, 340 (Miss.1990)(citing Butler v. State, 544 So.2d 816 (Miss.1989)). `Furthermore, when the trial court has erred in refusing

2001Our standard of review is as follows: The standard of review for peremptory instructions and directed verdicts are the same. `In passing upon a request for a peremptory instruction, all evidence introduced by the State is to be accepted as true, together with any reasonable inferences that can be drawn from that evidence, and if sufficient evidence to support a verdict of guilt exists, the motion for a directed verdict is to be overruled.' Brown v. State, 556 So.2d 338, 340 (Miss.1990)(citing Butler v. State, 544 So.2d 816 (Miss.1989)). `Furthermore, when the trial court has erred in refusing

2022“In the absence of a renewal of the directed verdict, a request for a peremptory instruction, or a motion for a judgment notwithstanding the verdict, [Eubanks] has waived the sufficiency error on appeal.” Holland v. State, 656 So. 2d 1192, 1197 (Miss. 1995) (citing Griffin v. State, 495 So. 2d 1352, 1353 (Miss. 1986)). ¶41.

2020State Highway Comm’n v. Gresham, 331 So. 2d 925, 926 (Miss. 1976) (“[T]his Court has repeatedly held that an assignment of error in this Court that the verdict of the jury was excessive or that the evidence did not support the jury’s finding will not be considered by this Court where no timely motion for a new trial was made in the trial court.”).4 “In the absence of a renewal of the directed verdict, a request for a peremptory instruction, or a motion for a judgment notwithstanding the verdict, [Washington] has waived the sufficiency error on appeal.” Holland, 656 So. 2d at 1197 (citing Griff

2019“On review of the sufficiency of the evidence, th[e reviewing court] considers the trial court’s ruling at the last time the sufficiency of the evidence was challenged.” Warren v. State, 187 So. 3d 616, 627 (¶29) (Miss. 2016). “[T]he relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Id. at (¶30).

2019“The sufficiency of the evidence is challenged with a motion for a directed verdict, a request for a peremptory instruction, or a motion for judgment notwithstanding the verdict (JNOV).” Pace v. State, 242 So. 3d 107, 117 (¶24) (Miss. 2018). “[T]he relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Warren v. State, 187 So. 3d 616, 627 (¶30) (Miss. 2016).

2001"In passing upon a request for a peremptory instruction, all evidence introduced by the State is to be accepted as true, together with any reasonable inferences that can be drawn from that evidence, and if sufficient evidence to support a verdict of guilty exists, the motion for a directed verdict is to be overruled." Wall v. State, 718 So.2d 1107 (¶ 15) (Miss. 1998) (citations omitted). ¶ 6.

2001“In passing upon a request for a peremptory instruction, all evidence introduced by the State is to be accepted as true, together with any reasonable inferences that can be drawn from that evidence, and if sufficient evidence to support a verdict of guilty exists, the motion for a directed verdict is to be denied.” Wall v. State, 718 So.2d 1107 (¶ 15) (Miss.1998) (citations omitted).

1994Co., 450 So.2d 431, 435 (Miss. 1984): The request for a peremptory instruction or the subsequent motion for a judgment notwithstanding the verdict tests the legal sufficiency of the evidence supporting the verdict.

1993Co., 450 So.2d 431 (Miss. 1984) by stating: The request for a peremptory instruction or the subsequent motion for a judgment notwithstanding the verdict tests the legal sufficiency of the evidence supporting the verdict.

2025“A motion for a directed verdict made at the end of the plaintiff’s case-in-chief, a renewed motion for a directed verdict at the end of all evidence, a request for a peremptory instruction, and a motion for a [judgment notwithstanding the verdict] are all procedural vehicles for challenging the sufficiency of the evidence.” Latham v. Johnson, 262 So. 3d 569, 581 (¶69) (Miss.

2019“A motion for a directed verdict made at the end of the plaintiff’s case-in-chief, a renewed motion for a directed verdict at the end of all evidence, a request for a peremptory instruction, and a motion for a JNOV are all procedural vehicles for challenging the sufficiency of the evidence.” Latham v. Johnson, 262 So. 3d 569, 581 (¶69) (Miss.

2015Higgins v. State, 725 So.2d 220, 224 (¶ 22) (Miss.1998).

2015Higgins v. State, 725 So. 2d 220, 224 (¶22) (Miss. 1998).

2006A motion for a directed verdict and JNOV, as well as a request for a peremptory instruction, challenge the legal sufficiency of the evidence, "since each requires consideration of the evidence before the court when made." McClain v. State, 625 So.2d 774, 778 (Miss.1993). *208 "The standard of review for a denial of a directed verdict, peremptory instruction, and a JNOV are identical." Purnell v. State, 878 So.2d 124, 128 (¶ 14) (Miss.Ct.

2005A motion for a directed verdict and JNOV, as well as a request for a peremptory instruction, challenge the legal sufficiency of the evidence, "since each requires consideration of the evidence before the court when made." Purnell v. State, 878 So.2d 124, 129 (Miss.Ct.App.2004) (citing McClain v. State, 625 So.2d 774, 778 (Miss.1993)).

2006App.2004) (quoting Hawthorne v. State, 835 So.2d 14, 21 (¶ 31) (Miss.2003)).

2005"The standard of review for a denial of a directed verdict, peremptory instruction, and a JNOV are identical." Purnell, 878 So.2d at 128 (quoting Hawthorne v. State, 835 So.2d 14, 21 (¶ 31) (Miss.2003)).

2004We will disturb a jury verdict on appeal only if it "is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice." Id. (quoting Herrington v. Spell, 692 So.2d 93, 103-04 (Miss.1997)). ¶ 10. "[T]he standard of review for denials of motions for directed verdict, *379 judgment notwithstanding the verdict and a request for a peremptory instruction is the same." Shelton v. State, 853 So.2d 1171, 1186 (Miss.2003).

2000We will disturb a jury verdict on appeal only if it “is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice.” Id. (quoting Herrington v. Spell, 692 So.2d 93, 103-04 (Miss. 1997)). ¶10. “[T]he standard of review for denials of motions for directed verdict, judgment notwithstanding the verdict and a request for a peremptory instruction is the same.” Shelton v. State, 853 So.2d 1171, 1186 (Miss. 2003).

2007"The argument that there exists no genuine triable issue of material fact is the functional equivalent of a request for a peremptory instruction." Id. at 362 .

2005“The argument that there exists no genuine triable issue of material fact is the functional equivalent of a request for a peremptory instruction.” Id. at 362 .

2005Dickey v. State, 819 So.2d 1253 (¶ 8) (Miss.2002).

2003Dickey v. State, 819 So.2d 1253, 1256 (¶ 9) (Miss.2002) (citing Ellis v. State, 778 So.2d 114, 117 (¶ 7) (Miss.2000)).

2018Wetz v. State , 503 So.2d 803 , 807-08 (Miss. 1987) (distinguished on other grounds by Bush v. State , 895 So.2d 836 (Miss. 2005) ).

2006In considering whether the evidence is sufficient to sustain a conviction in the face of a motion for directed verdict or for judgment notwithstanding the verdict, the critical inquiry is whether the evidence shows "beyond a reasonable doubt that accused committed the act charged, and that he did so under such circumstances that every element of the offense existed; and where the evidence fails to meet this test it is insufficient to support a conviction." Bush v. State, 895 So.2d 836, 843 (¶ 16) (Miss.2005) (citing Carr v. State, 208 So.2d 886, 889 (Miss.1968)).

2015See Jerninghan v. State, 910 So.2d 748, 751 (¶ 6) (Miss.Ct.App.2005).

2007Jerninghan v. State, 910 So.2d 748 (¶ 6) (Miss.Ct.App.2005).

2005A "motion for a J.N.O.V., a motion for a directed verdict and a request for a peremptory instruction challenge the legal sufficiency of the evidence." Id. (citing McClain v. State, 625 So.2d 774, 778 (Miss. 1993)).

2000Coleman v. State, 697 So. 2d 777, 787 (Miss. 1997).