acceptable instruction (Mississippi) · Go Syfert
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acceptable instruction in Mississippi

18 Mississippi opinions name it 2 courts 1995–2025 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 (11)

CaseFollowedCited
Hunter v. Stategreen
miss · 1996 · cited in 12 Mississippi opinions naming this issue, 1996–2025
2 sentences

2025Hunter v. State, 684 So. 2d 625, 635 (Miss. 1996) (stating that “[i]t is rudimentary that the jury must be instructed regarding the elements of the crime with which the defendant is charged . . . even though the defendant did not present an acceptable instruction, the State was obligated to do so”).

2025Id. (¶ 64) (noting that the State met its burden by providing proper jury elements instructions); Hunter, 684 So. 2d at 636 (“Therefore, even though the defendant did not present an acceptable instruction, the State was obligated to do so.”) At the outset, today’s case is instantly distinguishable from Thomas in that, here, the State never met its duty.

712
Richard White v. State of Mississippigreen
miss · 2016 · cited in 2 Mississippi opinions naming this issue, 2017–2017
2 sentences

2017Appellate courts “must review jury instructions as a whole to ascertain whether the jury was fully and fairly instructed regarding the applicable law.” White v. State, 195 So. 3d 765, 768 (¶7) (Miss. 2016) (citation omitted).

2017Appellate courts “must review jury instructions as a whole to ascertain whether the jury was fully and fairly instructed regarding the applicable law.” White v. State, 195 So. 3d 765, 768 (¶7) (Miss. 2016) (citation omitted).

22
Watson v. Stategreen
miss · 1985 · cited in 1 Mississippi opinions naming this issue, 2025–2025
1 sentence

2025Reversal on this issue is warranted.” Hunter, 684 So. 2d at 636 (citing Henderson v. State, 660 So. 2d 220, 222 (Miss. 1995); Neal v. State, 451 So. 2d 743 , 757 n.9 (Miss. 1984); Watson v. State, 465 So. 2d 1025, 1031 (Miss. 1985)). ¶60.

11
James Robert Rowsey v. State of Mississippigreen
miss · 2015 · cited in 1 Mississippi opinions naming this issue, 2025–2025
1 sentence

2025Id. at 636 (“Therefore, even though the defendant did not present an acceptable instruction, the State was obligated to do so.”). ¶57.

11
Henderson v. Stategreen
miss · 1995 · cited in 1 Mississippi opinions naming this issue, 2025–2025
1 sentence

2025Reversal on this issue is warranted.” Hunter, 684 So. 2d at 636 (citing Henderson v. State, 660 So. 2d 220, 222 (Miss. 1995); Neal v. State, 451 So. 2d 743 , 757 n.9 (Miss. 1984); Watson v. State, 465 So. 2d 1025, 1031 (Miss. 1985)). ¶60.

11
Kolberg v. Stategreen
miss · 2002 · cited in 1 Mississippi opinions naming this issue, 2015–2015
2 sentences

2015See Kolberg v. State, 829 So.2d 29, 46 (Miss.2002), overruled on other grounds by Shaffer v. State, 740 So.2d 273, 282 (Miss.1998); Hunter v. State, 684 So.2d 625, 636 (Miss.1996) (stating that "[i]t is rudimentary that the jury must be instructed regarding the elements of the crime with which the defendant is charged ... even though the defendant did not present an acceptable instruction, the State was obligated to do so”).

2015See Kolberg v. State, 829 So. 2d 29, 46 (Miss.2002), overruled on other grounds by Shaffer v. State, 740 So. 2d 273, 282 (Miss. 1998); Hunter v. State, 684 So. 2d 625, 636 (Miss. 1996) (stating that “[i]t is rudimentary that the jury must be instructed regarding the elements of the crime with which the defendant is charged . . . even though the defendant did not present an acceptable instruction, the State was obligated to do so”). 18

11
Shaffer v. Stategreen
miss · 1998 · cited in 1 Mississippi opinions naming this issue, 2015–2015
2 sentences

2015See Kolberg v. State, 829 So.2d 29, 46 (Miss.2002), overruled on other grounds by Shaffer v. State, 740 So.2d 273, 282 (Miss.1998); Hunter v. State, 684 So.2d 625, 636 (Miss.1996) (stating that "[i]t is rudimentary that the jury must be instructed regarding the elements of the crime with which the defendant is charged ... even though the defendant did not present an acceptable instruction, the State was obligated to do so”).

2015See Kolberg v. State, 829 So. 2d 29, 46 (Miss.2002), overruled on other grounds by Shaffer v. State, 740 So. 2d 273, 282 (Miss. 1998); Hunter v. State, 684 So. 2d 625, 636 (Miss. 1996) (stating that “[i]t is rudimentary that the jury must be instructed regarding the elements of the crime with which the defendant is charged . . . even though the defendant did not present an acceptable instruction, the State was obligated to do so”). 18

11
Smith v. Stategreen
miss · 1984 · cited in 1 Mississippi opinions naming this issue, 2013–2013
1 sentence

2013“It is well established that voluntary intoxication is not a defense in Mississippi.” Adams v. State, 62 So.3d 432, 441 (¶ 31) (Miss.Ct.App.2011) (citing Smith v. State, 445 So.2d 227, 230-31 (Miss.1984)). ¶ 19.

11
Adams v. Stategreen
missctapp · 2011 · cited in 1 Mississippi opinions naming this issue, 2013–2013
1 sentence

2013“It is well established that voluntary intoxication is not a defense in Mississippi.” Adams v. State, 62 So.3d 432, 441 (¶ 31) (Miss.Ct.App.2011) (citing Smith v. State, 445 So.2d 227, 230-31 (Miss.1984)). ¶ 19.

11
Conner v. Statered
miss · 1994 · cited in 1 Mississippi opinions naming this issue, 1995–1995
1 sentence

1995We find that although Instruction D-4 was an acceptable instruction, Conner v. State, 632 So.2d 1239, 1257 (Miss.1993), we again state that we will not reverse for denial of an individual instruction when the jury has been instructed properly and fully by the granting of all the instructions.

11
Catchings v. Stategreen
miss · 1996 · cited in 1 Mississippi opinions naming this issue, 1995–1995
1 sentence

1995Catchings, 684 So.2d at 599.

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 (4)

CaseCitedYears
Harrell v. State green
miss · 2014
2 sentences

2025Id. (¶ 64) (noting that the State met its burden by providing proper jury elements instructions); Hunter, 684 So. 2d at 636 (“Therefore, even though the defendant did not present an acceptable instruction, the State was obligated to do so.”) At the outset, today’s case is instantly distinguishable from Thomas in that, here, the State never met its duty.

2018The Court also has held "that the State is responsible for making sure the jury is instructed on the essential elements of the crime." Harrell , 134 So.3d at 270 (quoting Hunter v. State , 684 So.2d 625 , 635 (Miss. 1996) ("[I]t is rudimentary that the jury must be instructed regarding the elements of the crime with which the defendant is charged ... [;] even though the defendant did not present an acceptable instruction, the State was obligated to do so.") ).

32018–2025
Ross v. Hodges green
miss · 1970
2 sentences

2005For instance, in Ross v. Hodges, 234 So.2d 905 (Miss.1970), a patient charged her physician with failure to disclose the risk of neurological deficit associated with cranial surgery.

2002For instance, in Ross v. Hodges, 234 So. 2d 905 (Miss. 1970), a patient charged her physician with failure to disclose the risk of neurological deficit associated with cranial surgery.

22002–2005
David Thomas v. State of Mississippi green
miss · 2018
1 sentence

2025On the other hand, today’s case is easily distinguishable from Thomas v. State, 249 So. 3d 331 (Miss. 2018).

12025–2025
Neal v. State green
miss · 1984
1 sentence

2025Reversal on this issue is warranted.” Hunter, 684 So. 2d at 636 (citing Henderson v. State, 660 So. 2d 220, 222 (Miss. 1995); Neal v. State, 451 So. 2d 743 , 757 n.9 (Miss. 1984); Watson v. State, 465 So. 2d 1025, 1031 (Miss. 1985)). ¶60.

12025–2025

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-19 (8) MS § Miss. Code Ann. § 97-3-35 (4) MS § Miss. Code Ann. § 99-19-101 (4) MS § Miss. Code Ann. § 97-3-47 (3) MS § Miss. Code Ann. § 97-3-65 (3) MS § Miss. Code Ann. § 97-3-73 (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

CA 34 (1959–2024) GA 33 (1985–2023) OH 23 (1973–2022) MS 18 (1995–2025) NY 18 (1962–2022) IL 17 (1928–2006) AK 15 (1980–1998) TX 14 (1968–2015) PA 14 (1978–2024) NJ 13 (1980–2024) LA 11 (1962–2021) MO 11 (1913–2022) TN 10 (1997–2022) IN 10 (1968–2020) AL 10 (1974–2015) WI 9 (1945–2022) MI 8 (1965–2015) FL 8 (1979–2026) WA 5 (1988–2017) HI 5 (2001–2020) IA 4 (1973–2022) CO 4 (1983–2019) NE 4 (1986–2018) VT 4 (2008–2015) MD 4 (1991–2017) VA 4 (1999–2019) MN 3 (1991–2005) MT 3 (1980–2011) ME 3 (1992–2002) NV 3 (1978–2015) NM 3 (2010–2014) AZ 3 (1971–2005) DE 3 (2015–2021) MA 2 (1978–2010) SC 2 (2005–2011) OK 2 (2017–2017) KS 2 (2008–2026) OR 2 (1957–2013) NC 2 (1996–2025)

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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