issue as plain error (Mississippi) · Go Syfert
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issue as plain error in Mississippi

15 Mississippi opinions name it 2 courts 1998–2016 0 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 (9)

CaseFollowedCited
Brown v. Stategreen
miss · 2008 · cited in 4 Mississippi opinions naming this issue, 2010–2015
2 sentences

2015In Blanchard v. State, 55 So.3d 1074, 1077 (¶ 16) (Miss.2011), the Mississippi Supreme Court stated: When a defendant fails to make a proper objection at trial, and thus fails to preserve the issue for appellate review, we will reverse if the error involved a fundamental and/or substantive right and resulted in a “manifest miscarriage of justice” or “seriously affected the fairness, integrity or public reputation of judicial proceedings.” (Quoting Brown v. State, 995 So.2d 698, 703 (¶ 21) (Miss.2008)). ¶ 10.

2014“The plain error doctrine requires not only the existence of an error, but also that either the error resulted in a manifest miscarriage of justice or ‘seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.’ ” Brown v. State, 995 So.2d 698, 703 (Miss.2008) (citation omitted).

44
White v. Stategreen
miss · 1997 · cited in 2 Mississippi opinions naming this issue, 2007–2008
2 sentences

2008White v. State, 702 So.2d 107, 109 (Miss.1997).

2007White v. State, 702 So. 2d 107, 109 (Miss. 1997).

22
Berry v. Stategreen
miss · 1999 · cited in 2 Mississippi opinions naming this issue, 2007–2015
2 sentences

2015Acknowledging this failure, Phillips, citing Berry v. State, 728 So.2d 568 (Miss.1999), asks this Court to “address the issue as plain error because [a] procedural bar does not apply where ... the trial court adopt[ed] an instruction that did not fully instruct the jury on-the elements of the crime [charged].” However, as discussed below, Berry is inapplicable to the facts of this case. ¶ 10.

2007Berry v. State, 728 So.2d 568, 571 (6) (Miss.1999) (quoting Sanders v. State, 678 So.2d 663, 670 (Miss.1996)).

12
Lester v. Stategreen
miss · 1999 · cited in 2 Mississippi opinions naming this issue, 1998–2001
2 sentences

2001Id. at 758. [3] I have no opposition to the suggestion by the majority that the instruction approved by the United States Court of Appeals for the Fifth Circuit be used.

1998Id. at 758 . 3.

12
Marvin Kirk v. State of Mississippigreen
miss · 2015 · cited in 1 Mississippi opinions naming this issue, 2016–2016
1 sentence

2016“Generally, preservation of an issue for appeal requires a contemporaneous objection at trial.” Kirk v. State, *871 160 So.3d 685, 692 (Miss.2015) (citations omitted).

11
Blanchard v. Stategreen
miss · 2011 · cited in 1 Mississippi opinions naming this issue, 2015–2015
1 sentence

2015In Blanchard v. State, 55 So.3d 1074, 1077 (¶ 16) (Miss.2011), the Mississippi Supreme Court stated: When a defendant fails to make a proper objection at trial, and thus fails to preserve the issue for appellate review, we will reverse if the error involved a fundamental and/or substantive right and resulted in a “manifest miscarriage of justice” or “seriously affected the fairness, integrity or public reputation of judicial proceedings.” (Quoting Brown v. State, 995 So.2d 698, 703 (¶ 21) (Miss.2008)). ¶ 10.

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

2011We disagree with both arguments. 1 Baskin v. State, No. 2011-KA-00834-COA, 2013 WL 500762,* *2, 3 (Miss.

11
Sanders v. Stategreen
miss · 1996 · cited in 1 Mississippi opinions naming this issue, 2007–2007
1 sentence

2007Berry v. State, 728 So.2d 568, 571 (6) (Miss.1999) (quoting Sanders v. State, 678 So.2d 663, 670 (Miss.1996)).

11
Walker v. Stategreen
miss · 1995 · cited in 1 Mississippi opinions naming this issue, 2001–2001
1 sentence

2001Walker v. State, 671 So.2d 581, 606 (Miss.1995).

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 (3)

CaseCitedYears
Starr v. State green
missctapp · 2008
2 sentences

2016In Starr v. State, 997 So.2d 262 (Miss.Ct.App.2008), we explained the concept of plain error, stating: A party who fails to make a contemporaneous objection at trial must' rely on plain error to raise the- issue on appeal, because it is otherwise- procedurally barred.

2016In Starr v. State, 997 So. 2d 262 (Miss.

12016–2016
Taylor v. State green
missctapp · 2000
1 sentence

2000Moore v. State, 755 So.2d 1276 (¶ 9) (Miss.Ct.App.2000); Taylor v. State, 754 So.2d 598 (¶ 11) (Miss.

12000–2000
Moore v. State green
missctapp · 2000
1 sentence

2000Moore v. State, 755 So.2d 1276 (¶ 9) (Miss.Ct.App.2000); Taylor v. State, 754 So.2d 598 (¶ 11) (Miss.

12000–2000

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-7 (3) MS § Miss. Code Ann. § 99-17-9 (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

IL 114 (1975–2026) TN 64 (2003–2026) MS 15 (1998–2016) MO 13 (1978–2021) OR 6 (2014–2026) HI 3 (1998–2007) NH 2 (2009–2022)

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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