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16 Mississippi opinions name it 2 courts 1970–2024 3 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 |
|---|---|---|
Green v. Stategreen2 sentences2023Ct. App. 2021) (citing Green v. State, 614 So. 2d 926, 932 (Miss. 1992)). 2021Green v. State, 614 So. 2d 926, 932 (Miss. 1992). | 2 | 2 |
Wheat v. Stategreen2 sentences1999This Court has held that "[i]n order to prevail on this kind of error, it is incumbent upon an appellant to show that the prosecution by its argument `intended to `goad' the defendant into moving for a mistrial,' or `intended to provoke the defendant into moving for a mistrial.'" Wheat v. State, 599 So.2d 963, 965 (Miss. 1992) (quoting Oregon v. Kennedy, 456 U.S. 667, 673 , 102 S.Ct. 2083, 2088 , 72 L.Ed.2d 416 (1982)). 1996This Court has held that "[i]n order to prevail on this kind of error, it is incumbent upon an appellant to show that the prosecution by its argument 'intended to 'goad' the defendant into moving for a mistrial,' or 'intended to provoke the defendant into moving for a mistrial.'" Wheat v. State, 599 So. 2d 963, 956 (Miss. 1992) (quoting Oregon v. Kennedy, 456 U.S. 667, 673 , 102 S.Ct. 2083, 2088 , 72 L.Ed.2d 416 (1982)). | 2 | 2 |
Cameron Henderson a/k/a Cameron Adam Henderson v. State of Mississippigreen1 sentence2024“The Weathersby rule essentially is a specific kind of challenge to the sufficiency of the evidence.” Henderson, 376 So. 3d at 418 (¶16) (quoting Figueroa v. State, 337 So. 3d 1104 , 1113 (¶30) (Miss. | 1 | 1 |
Clark v. Stategreen1 sentence2005Clark, 891 So.2d at 140, 142 (¶¶ 16, 30). ¶ 43. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Oregon v. Kennedy
green
2 sentences1999This Court has held that "[i]n order to prevail on this kind of error, it is incumbent upon an appellant to show that the prosecution by its argument `intended to `goad' the defendant into moving for a mistrial,' or `intended to provoke the defendant into moving for a mistrial.'" Wheat v. State, 599 So.2d 963, 965 (Miss. 1992) (quoting Oregon v. Kennedy, 456 U.S. 667, 673 , 102 S.Ct. 2083, 2088 , 72 L.Ed.2d 416 (1982)). 1999This Court has held that "[i]n order to prevail on this kind of error, it is incumbent upon an appellant to show that the prosecution by its argument `intended to `goad' the defendant into moving for a mistrial,' or `intended to provoke the defendant into moving for a mistrial.'" Wheat v. State, 599 So.2d 963, 965 (Miss. 1992) (quoting Oregon v. Kennedy, 456 U.S. 667, 673 , 102 S.Ct. 2083, 2088 , 72 L.Ed.2d 416 (1982)). | 3 | 1992–1999 |
Luis Alberto Figueroa v. State of Mississippi
green
2 sentences2024“The Weathersby rule essentially is a specific kind of challenge to the sufficiency of the evidence.” Henderson, 376 So. 3d at 418 (¶16) (quoting Figueroa v. State, 337 So. 3d 1104 , 1113 (¶30) (Miss. 2023“The Weathersby rule essentially is a specific kind of challenge to the sufficiency of the evidence.” Figueroa v. State, 337 So. 3d 1104 , 1113 (¶30) (Miss. | 2 | 2023–2024 |
Hill v. State
green
2 sentences2008The court noted that raising this kind of error on appeal "leaves questions as to whether it is a good faith argument, or rather an action to circumvent the judicial process." Id. at 1150 . 2004The court noted that raising this kind of error on appeal “leaves questions as to whether it is a good faith argument, or rather an action to circumvent the judicial process.” Id. at 1150 . | 2 | 2004–2008 |
California v. Brown
green
2 sentences2003The U.S. Supreme Court held that, when the instruction was read as a whole, it is "no more than a catalog of the kind of factors that could improperly influence a juror's decision to vote for or against the death penalty." Id. at 543 , 107 S.Ct. at 840 . 2003The U.S. Supreme Court held that, when the instruction was read as a whole, it is "no more than a catalog of the kind of factors that could improperly influence a juror's decision to vote for or against the death penalty." Id. at 543 , 107 S.Ct. at 840 . | 2 | 1995–2003 |
Singley v. Smith
green
2 sentences2003Singley, 739 So.2d at 451 . 2001Singley, 739 So. 2d at 451 . | 2 | 2001–2003 |
Reith v. State
green
1 sentence2015Id. at 866 . | 1 | 2015–2015 |
Lenoir v. State
green
1 sentence1984See: Robinson v. State, 434 So.2d 206 (Miss. 1983); Lenoir v. State, 445 So.2d 1371 (Miss. 1984); Scott v. State, 446 So.2d 580 (Miss. 1984). [1] *231 As Justice Dan Lee so aptly pointed out in Robinson v. State , P. 210, "the instruction is fraught with redundancy". | 1 | 1984–1984 |
Robinson v. State
red
1 sentence1984See: Robinson v. State, 434 So.2d 206 (Miss. 1983); Lenoir v. State, 445 So.2d 1371 (Miss. 1984); Scott v. State, 446 So.2d 580 (Miss. 1984). [1] *231 As Justice Dan Lee so aptly pointed out in Robinson v. State , P. 210, "the instruction is fraught with redundancy". | 1 | 1984–1984 |
Scott v. State
green
1 sentence1984See: Robinson v. State, 434 So.2d 206 (Miss. 1983); Lenoir v. State, 445 So.2d 1371 (Miss. 1984); Scott v. State, 446 So.2d 580 (Miss. 1984). [1] *231 As Justice Dan Lee so aptly pointed out in Robinson v. State , P. 210, "the instruction is fraught with redundancy". | 1 | 1984–1984 |
Ford v. Pythian Bondholders Protective Committee
green
2 sentences1970And for that failure the appellees cannot be held liable in a case of this kind under the rule laid down in Rich v. Swalm, supra. ( 223 Miss. at 648 , 78 So.2d at 750 ). 1970And for that failure the appellees cannot be held liable in a case of this kind under the rule laid down in Rich v. Swalm, supra. ( 223 Miss. at 648 , 78 So.2d at 750 ). | 1 | 1970–1970 |
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.