continuance constitutes waiver in Mississippi

14 Mississippi opinions name it 2 courts 1990–2018 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 (6)

Case	Followed	Cited
Sims v. Stategreen missctapp · 2006 · cited in 4 Mississippi opinions naming this issue, 2009–2018 2 sentences 2018"The failure to request a continuance constitutes a waiver of the discovery violation." Sims v. State , 928 So.2d 984 , 988 (¶ 19) (Miss. 2011“The failure to request a continuance constitutes a waiver of the discovery violation.” Sims v. State, 928 So.2d 984, 988 (¶ 19) (Miss.Ct.App.2006).	3	4
Box v. Stategreen miss · 1983 · cited in 5 Mississippi opinions naming this issue, 1990–2004 2 sentences 2004McGowen v. State, 859 So.2d 320, 338 (¶ 62) (Miss.2003) (citing Harrison v. State, 635 So.2d 894, 898 (Miss.19964); Box, 437 So.2d at 22-26 ). 2003Harrison , 635 So.2d at 898 ; Box , 437 So.2d 19 , 22-26. ¶ 63.	2	5
Harrison v. Stategreen miss · 1994 · cited in 4 Mississippi opinions naming this issue, 2002–2005 2 sentences 2005Harrison v. State, 635 So.2d 894, 898 (Miss.1994). ¶ 8. 2004McGowen v. State, 859 So.2d 320, 338 (¶ 62) (Miss.2003) (citing Harrison v. State, 635 So.2d 894, 898 (Miss.19964); Box, 437 So.2d at 22-26 ).	2	4
Murray v. Stategreen missctapp · 2009 · cited in 2 Mississippi opinions naming this issue, 2010–2015 2 sentences 2015Although we do not find that the prosecution committed a discovery violation, even if we found that there was one, “the failure to request a continuance constitutes a waiver of the discovery violation.” Murray v. State, 20 So.3d 739, 743 (¶ 13) (Miss.Ct.App.2009). 2010Therefore, this issue is procedurally barred from our consideration on appeal because Pinkston failed to move for a continuance at trial. “ ‘[F]ailure to request a continuance constitutes a waiver of the discovery violation.’ ” Murray v. State, 20 So.3d 739, 743 (¶ 13) (Miss.Ct.App.2009) (quoting Sims v. State, 928 So.2d 984, 988 (¶ 19) (Miss.Ct.App.2006)). 3.	2	2
Comby v. Stategreen missctapp · 2004 · cited in 1 Mississippi opinions naming this issue, 2006–2006 1 sentence 2006Comby v. State, 901 So.2d 1282, 1287 (¶ 12) (Miss.Ct.App.2004).	1	1
McGowen v. Stategreen miss · 2003 · cited in 1 Mississippi opinions naming this issue, 2004–2004 1 sentence 2004McGowen v. State, 859 So.2d 320, 338 (¶ 62) (Miss.2003) (citing Harrison v. State, 635 So.2d 894, 898 (Miss.19964); Box, 437 So.2d at 22-26 ).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (1)

Case	Cited	Years
Davis v. State green miss · 1988 2 sentences 1996Davis, 530 So.2d at 698 . 1991Davis, 530 So. 2d at 698 . ¶80.	2	1991–1996

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-19 (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

MS 14 (1990–2018) IN 9 (1975–2019) LA 2 (1982–2000) IA 2 (1954–1967)

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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