cautionary jury instruction (Mississippi) · Go Syfert
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cautionary jury instruction in Mississippi

26 Mississippi opinions name it 2 courts 1980–2026 5 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 (20)

CaseFollowedCited
Williams v. Stategreen
miss · 2010 · cited in 13 Mississippi opinions naming this issue, 2008–2026
2 sentences

2026Jones v. State, 203 So. 3d 600, 606 (¶11) (Miss. 2016) (citations and internal quotation marks omitted); see also Williams v. State, 32 So. 3d 486, 491 (¶19) (Miss. 2010) (“In determining whether a cautionary jury instruction is required, the testimony that must be corroborated is the testimony tying the defendant on trial to the crime, and it is irrelevant whether other portions of the accomplice’s testimony are corroborated.”).

2026Moreover, our supreme court has 14 explained “that testifying accomplices cannot corroborate each other sufficiently to obviate the necessity of a cautionary jury instruction.” Williams, 32 So. 3d at 492 (¶21).

1313
Edwards v. Stategreen
miss · 1994 · cited in 3 Mississippi opinions naming this issue, 2004–2010
2 sentences

2010Austin v. State, 784 So.2d 186, 193 (Miss.2001) (citing Edwards v. State, 630 So.2d 343, 344 (Miss.1994); Parker v. State, 378 So.2d 662, 663 (Miss.1980)).

2010Austin v. State, 784 So.2d 186, 193 (Miss.2001) (citing Edwards v. State, 630 So.2d 343, 344 (Miss.1994); Parker v. State, 378 So.2d 662, 663 (Miss.1980)).

33
Holmes v. Stategreen
miss · 1985 · cited in 4 Mississippi opinions naming this issue, 2008–2023
2 sentences

2016See Williams v. State, 32 So. 3d 486, 492 (Miss. 2010) (holding “the trial judge must accede to the accused’s request and grant a cautionary jury instruction” when accomplice testimony is “the only evidence against the defendant” (emphasis added) (quoting Holmes v. State, 481 So. 2d 319, 322 (Miss. 1985))).

2016See Williams v. State, 32 So.3d 486, 492 (Miss.2010) (holding “the trial judge must accede to the accused’s request and grant a cautionary jury instruction” when accomplice testimony is “the only evidence against the defendant” (emphasis added) (quoting Holmes v. State, 481 So.2d 319, 322 (Miss.1985))).

24
Ballenger v. Stategreen
miss · 1995 · cited in 3 Mississippi opinions naming this issue, 2008–2016
2 sentences

2016Here, Jones claims that Hubbard’s testimony was “‘unreasonable, self-contradictory or substantially impeached.’” Osborne, 54 So. 3d at 846 (quoting Ballenger, 667 So. 2d at 5 1253).

2016Here, Jones claims that Hubbard’s testimony was “ ‘unreasonable, self-contradictory or substantially impeached.’ ” Osborne, 54 So.3d at 846 (quoting Ballenger, 667 So.2d at 1253 ).

23
Payton v. Stategreen
miss · 2003 · cited in 2 Mississippi opinions naming this issue, 2008–2010
2 sentences

2010E.g., Payton v. State, 897 So.2d 921, 937 (Miss.2003); Brown v. State, 682 So.2d 340, 344 (Miss.1996); Ballenger v. State, 667 So.2d 1242, 1253 (Miss.1995); Mason v. State, 429 So.2d 569, 571 (Miss.1983); Moody v. State, 371 So.2d 408 (Miss.1979).

2010E.g., Payton v. State, 897 So.2d 921, 937 (Miss.2003); Brown v. State, 682 So.2d 340, 344 (Miss.1996); Ballenger v. State, 667 So.2d 1242, 1253 (Miss.1995); Mason v. State, 429 So.2d 569, 571 (Miss.1983); Moody v. State, 371 So.2d 408 (Miss.1979).

22
Austin v. Stategreen
miss · 2001 · cited in 2 Mississippi opinions naming this issue, 2008–2010
2 sentences

2010Austin v. State, 784 So.2d 186, 193 (Miss.2001) (citing Edwards v. State, 630 So.2d 343, 344 (Miss.1994); Parker v. State, 378 So.2d 662, 663 (Miss.1980)).

2010Austin v. State, 784 So.2d 186, 193 (Miss.2001) (citing Edwards v. State, 630 So.2d 343, 344 (Miss.1994); Parker v. State, 378 So.2d 662, 663 (Miss.1980)).

22
Burns v. Stategreen
miss · 1998 · cited in 2 Mississippi opinions naming this issue, 2008–2010
2 sentences

2010E.g., Burns v. State, 729 So.2d 203, 223 (Miss.1998); Derden, 522 So.2d at 754 .

2010E.g., Burns v. State, 729 So.2d 203, 223 (Miss.1998); Derden, 522 So.2d at 754 .

22
Mason v. Stategreen
miss · 1983 · cited in 2 Mississippi opinions naming this issue, 2008–2010
2 sentences

2010E.g., Payton v. State, 897 So.2d 921, 937 (Miss.2003); Brown v. State, 682 So.2d 340, 344 (Miss.1996); Ballenger v. State, 667 So.2d 1242, 1253 (Miss.1995); Mason v. State, 429 So.2d 569, 571 (Miss.1983); Moody v. State, 371 So.2d 408 (Miss.1979).

2010E.g., Payton v. State, 897 So.2d 921, 937 (Miss.2003); Brown v. State, 682 So.2d 340, 344 (Miss.1996); Ballenger v. State, 667 So.2d 1242, 1253 (Miss.1995); Mason v. State, 429 So.2d 569, 571 (Miss.1983); Moody v. State, 371 So.2d 408 (Miss.1979).

22
Parker v. Stategreen
miss · 1980 · cited in 2 Mississippi opinions naming this issue, 2008–2010
2 sentences

2010Austin v. State, 784 So.2d 186, 193 (Miss.2001) (citing Edwards v. State, 630 So.2d 343, 344 (Miss.1994); Parker v. State, 378 So.2d 662, 663 (Miss.1980)).

2010Austin v. State, 784 So.2d 186, 193 (Miss.2001) (citing Edwards v. State, 630 So.2d 343, 344 (Miss.1994); Parker v. State, 378 So.2d 662, 663 (Miss.1980)).

22
Green v. Stategreen
miss · 1984 · cited in 2 Mississippi opinions naming this issue, 2008–2010
2 sentences

2010When the only evidence against the defendant is the testimony of an accomplice, "the trial judge must accede to the accused's request and grant a cautionary jury instruction." Id. at 323 (citing Catchings, 394 So.2d at 870 ; Green v. State, 456 So.2d 757, 758 (Miss.1984)). ¶ 21.

2010When the only evidence against the defendant is the testimony of an accomplice, “the trial judge must accede to the accused’s request and grant a cautionary jury instruction.” Id. at 323 (citing Catchings, 394 So.2d at 870 ; Green v. State, 456 So.2d 757, 758 (Miss.1984)). ¶ 21.

22
Brown v. Stategreen
miss · 1996 · cited in 2 Mississippi opinions naming this issue, 2008–2010
2 sentences

2010E.g., Payton v. State, 897 So.2d 921, 937 (Miss.2003); Brown v. State, 682 So.2d 340, 344 (Miss.1996); Ballenger v. State, 667 So.2d 1242, 1253 (Miss.1995); Mason v. State, 429 So.2d 569, 571 (Miss.1983); Moody v. State, 371 So.2d 408 (Miss.1979).

2010Brown, 682 So.2d at 344 . ¶ 18.

22
Derden v. Stategreen
miss · 1988 · cited in 3 Mississippi opinions naming this issue, 2000–2010
2 sentences

2010E.g., Burns v. State, 729 So.2d 203, 223 (Miss.1998); Derden, 522 So.2d at 754 .

2010E.g., Burns v. State, 729 So.2d 203, 223 (Miss.1998); Derden, 522 So.2d at 754 .

13
Goldsmith v. Stategreen
miss · 2016 · cited in 1 Mississippi opinions naming this issue, 2026–2026
2 sentences

2026Jones v. State, 203 So. 3d 600, 606 (¶11) (Miss. 2016) (citations and internal quotation marks omitted); see also Williams v. State, 32 So. 3d 486, 491 (¶19) (Miss. 2010) (“In determining whether a cautionary jury instruction is required, the testimony that must be corroborated is the testimony tying the defendant on trial to the crime, and it is irrelevant whether other portions of the accomplice’s testimony are corroborated.”).

2026Jones v. State, 203 So. 3d 600, 606 (¶11) (Miss. 2016) (citations and internal quotation marks omitted); see also Williams v. State, 32 So. 3d 486, 491 (¶19) (Miss. 2010) (“In determining whether a cautionary jury instruction is required, the testimony that must be corroborated is the testimony tying the defendant on trial to the crime, and it is irrelevant whether other portions of the accomplice’s testimony are corroborated.”).

11
Hughes v. Stategreen
miss · 1999 · cited in 1 Mississippi opinions naming this issue, 2022–2022
1 sentence

2022Indeed, when the trial court has given a cautionary jury instruction that the jury is to disregard testimony that the defendant had previously been in jail and the defendant moved for a mistrial, this Court has held that the improper and inadmissible testimony “was cured the best way possible under the circumstances then existing with the judge’s instruction.” Hughes v. State, 735 So. 2d 238, 257 (Miss. 1999) (emphasis added).

11
Webber v. Stategreen
miss · 2013 · cited in 1 Mississippi opinions naming this issue, 2019–2019
1 sentence

2019Webber, 108 So. 3d at 931 (¶7).

11
Conner v. Statered
miss · 1994 · cited in 1 Mississippi opinions naming this issue, 2016–2016
2 sentences

2016This much is clear, since Mississippi law “does not impose upon a trial court a duty to instruct the jury sua sponte[.]” Conner v. State, 632 So. 2d 1239, 1254 (Miss. 1993).

2016This much is clear, since Mississippi law “does not impose upon a trial court a duty to instruct the jury sua sponte[.]” Conner v. State, 632 So.2d 1239, 1254 (Miss.1993).

11
Davis v. Stategreen
missctapp · 2006 · cited in 1 Mississippi opinions naming this issue, 2012–2012
1 sentence

2012See Davis v. State, 970 So.2d 164, 167 (¶ 7) (Miss.Ct.App.2006) (“To deny a defendant the right to fully cross-examine a witness on the issue of credibility is to deny the defendant his federal and state constitutional rights of confrontation.”). ¶ 34.

11
White v. Stategreen
miss · 1998 · cited in 1 Mississippi opinions naming this issue, 2012–2012
1 sentence

2012See, e.g., White v. State, 722 So.2d 1242, 1247-48 (¶¶ 30-35) (Miss.1998) (Conviction of sale of cocaine was affirmed where defendant failed to request a cautionary jury instruction on a Cl’s testimony, but the defendant had an opportunity to cross-examine the Cl on favorable treatment from State, and other evidence corroborated the Cl’s testimony.) This Court has held previously that an improper limit on cross-examination, like the one imposed by the trial court here, is reversible error.

11
Sherrell v. Stategreen
miss · 1993 · cited in 1 Mississippi opinions naming this issue, 2009–2009
1 sentence

2009Franklin also cites Sherrell v. State, 622 So.2d 1233, 1236 (Miss.1993) to support his argument that the trial judge should have given a cautionary jury instruction, even though he did not request one.

11
Hussey v. Stategreen
miss · 1985 · cited in 1 Mississippi opinions naming this issue, 2006–2006
1 sentence

2006Hussey v. State, 473 So.2d 478, 480 (Miss.1985).

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 (5)

CaseCitedYears
Osborne v. State green
miss · 2011
2 sentences

2025“If the testimony is not corroborated, a cautionary jury instruction is required.” Osborne, 54 So. 3d at 847 (citing Williams v. State, 32 So. 3d 486, 491 (Miss. 2010)).[3] ¶18.

2017“If the testimony is not corroborated, a cautionary jury instruction is required.” Osborne, 54 So. 3d at 847 (citing Williams v. State, 32 So. 3d 486, 491 (Miss. 2010)).

42016–2025
Moody v. State green
miss · 1979
2 sentences

2010E.g., Payton v. State, 897 So.2d 921, 937 (Miss.2003); Brown v. State, 682 So.2d 340, 344 (Miss.1996); Ballenger v. State, 667 So.2d 1242, 1253 (Miss.1995); Mason v. State, 429 So.2d 569, 571 (Miss.1983); Moody v. State, 371 So.2d 408 (Miss.1979).

2010E.g., Payton v. State, 897 So.2d 921, 937 (Miss.2003); Brown v. State, 682 So.2d 340, 344 (Miss.1996); Ballenger v. State, 667 So.2d 1242, 1253 (Miss.1995); Mason v. State, 429 So.2d 569, 571 (Miss.1983); Moody v. State, 371 So.2d 408 (Miss.1979).

22008–2010
Catchings v. State green
miss · 1981
2 sentences

2010When the only evidence against the defendant is the testimony of an accomplice, "the trial judge must accede to the accused's request and grant a cautionary jury instruction." Id. at 323 (citing Catchings, 394 So.2d at 870 ; Green v. State, 456 So.2d 757, 758 (Miss.1984)). ¶ 21.

2010When the only evidence against the defendant is the testimony of an accomplice, “the trial judge must accede to the accused’s request and grant a cautionary jury instruction.” Id. at 323 (citing Catchings, 394 So.2d at 870 ; Green v. State, 456 So.2d 757, 758 (Miss.1984)). ¶ 21.

22008–2010
Joshua Chance Warren v. State of Mississippi green
missctapp · 2018
1 sentence

2026Id. at (¶¶9-10). ¶53.

12026–2026
Mississippi State Highway Commission v. Stout green
miss · 1961
2 sentences

1980Mississippi State Highway Commission v. Stout, 242 Miss. 208 , 134 So.2d 467 (1961), is therefore overruled insofar as it permits evidence concerning sales occurring subsequent to the date of the taking in eminent domain cases.

1980Mississippi State Highway Commission v. Stout, 242 Miss. 208 , 134 So.2d 467 (1961), is therefore overruled insofar as it permits evidence concerning sales occurring subsequent to the date of the taking in eminent domain cases.

11980–1980

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-79 (6) MS § Miss. Code Ann. § 97-3-19 (4) MS § Miss. Code Ann. § 97-3-7 (4) MS § Miss. Code Ann. § 97-1-1 (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

PA 82 (1981–2025) MS 26 (1980–2026) MT 23 (1984–2026) UT 17 (1985–2026) OH 13 (1991–2024) WI 12 (1998–2025) IL 6 (1970–2021) KS 6 (1996–2021) FL 5 (1974–1998) WA 5 (1984–2013) IA 5 (2019–2023) VA 5 (1989–2025) CT 5 (1997–2025) ND 5 (1998–2019) NH 5 (1991–2024) NV 4 (1996–2015) MI 4 (1975–2018) AZ 4 (2012–2021) OR 4 (1999–2025) HI 3 (2012–2018) RI 3 (2002–2026) NY 2 (2008–2015) CO 2 (2025–2025) MD 2 (1992–2013)

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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