issue under the plain error (Mississippi) · Go Syfert
← Mississippi issues

issue under the plain error in Mississippi

14 Mississippi opinions name it 2 courts 2006–2025 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 (10)

CaseFollowedCited
Franklin Fitzpatrick v. State of Mississippigreen
miss · 2015 · cited in 2 Mississippi opinions naming this issue, 2017–2017
2 sentences

2017“A defendant’s failure to object to a jury instruction at trial creates a procedural bar 11 that prohibits appellate review of the issue, unless there is plain error.” Fitzpatrick v. State, 175 So. 3d 515, 522 (¶31) (Miss. 2015) (reh’g denied Oct. 15, 2015) (citation omitted).

2017“A defendant’s failure to object to a jury instruction at trial creates a procedural bar 11 that prohibits appellate review of the issue, unless there is plain error.” Fitzpatrick v. State, 175 So. 3d 515, 522 (¶31) (Miss. 2015) (reh’g denied Oct. 15, 2015) (citation omitted).

22
Smith v. Stategreen
miss · 2008 · cited in 2 Mississippi opinions naming this issue, 2012–2016
2 sentences

2016“Under the plain-error doctrine, we can recognize obvious error which was not properly raised by the defendant on appeal, and which affects a defendant’s ‘fundamental, substantive right.’ ” Smith v. State, 986 So.2d 290, 294 (¶ 10) (Miss.2008) (citation omitted).

2012“Under the plain-error doctrine, we can recognize obvious error which was not properly raised by the defendant ... and which affects a defendant’s ‘fundamental, substantive right.’ ” Smith v. State, 986 So.2d 290, 294 (Miss.2008) (quoting Debrow v. State, 972 So.2d 550, 553 (Miss.2007)).

22
Verenzo Cartrell Green v. State of Mississippigreen
miss · 2016 · cited in 1 Mississippi opinions naming this issue, 2022–2022
1 sentence

2022See, e.g., Green v. State, 183 So. 3d 28, 30-31 (¶6) (Miss. 2016).

11
Hearn v. Stategreen
miss · 2008 · cited in 1 Mississippi opinions naming this issue, 2021–2021
1 sentence

2021Ct. App. 2016) (quoting Hearn v. State, 3 So. 3d 722, 736 (¶36) (Miss. 2008)).

11
David Lee May v. State of Mississippigreen
missctapp · 2016 · cited in 1 Mississippi opinions naming this issue, 2021–2021
1 sentence

2021We recognize that Scruggs’s failure to object to the admission of this evidence at trial would normally serve as a procedural bar to appellate review; however, we also recognize that we may review this issue under the plain-error doctrine. ¶20. “‘The plain-error doctrine is implicated when an error at trial affects substantial rights and results in a manifest miscarriage of justice.’” May v. State, 222 So. 3d 1074, 1084 (¶30) (Miss.

11
Conerly v. Stategreen
miss · 2000 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017See Conerly v. State , 760 So.2d 737 , 739-40 (¶ 5) (Miss. 2000). ¶ 25.

11
Alpha Gulf Coast, Inc. v. Jacksongreen
miss · 2001 · cited in 1 Mississippi opinions naming this issue, 2015–2015
1 sentence

2015Under the plain error doctrine, the Court “retains the inherent authority to notice error to prevent the manifest miscarriage of justice, despite trial counsel’s failure to preserve the error.” Alpha Gulf Coast, Inc. v. Jackson, 801 So.2d 709, 727 (¶ 60) (Miss.2001) (citing Johnson v. Fargo, 604 So.2d 306, 311 (Miss.1992)).

11
Johnson v. Fargogreen
miss · 1992 · cited in 1 Mississippi opinions naming this issue, 2015–2015
1 sentence

2015Under the plain error doctrine, the Court “retains the inherent authority to notice error to prevent the manifest miscarriage of justice, despite trial counsel’s failure to preserve the error.” Alpha Gulf Coast, Inc. v. Jackson, 801 So.2d 709, 727 (¶ 60) (Miss.2001) (citing Johnson v. Fargo, 604 So.2d 306, 311 (Miss.1992)).

11
Debrow v. Stategreen
miss · 2007 · cited in 1 Mississippi opinions naming this issue, 2012–2012
1 sentence

2012“Under the plain-error doctrine, we can recognize obvious error which was not properly raised by the defendant ... and which affects a defendant’s ‘fundamental, substantive right.’ ” Smith v. State, 986 So.2d 290, 294 (Miss.2008) (quoting Debrow v. State, 972 So.2d 550, 553 (Miss.2007)).

11
Porter v. Stategreen
missctapp · 1999 · cited in 1 Mississippi opinions naming this issue, 2010–2010
2 sentences

2010Id. at 260-61 (¶ 36).

2010Id. at 260-61 (¶ 36).

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
Conners v. State green
miss · 2012
2 sentences

2023Id.

2018"Under the plain-error doctrine, we can recognize obvious error which was not properly raised by the defendant and which affects a defendant's fundamental, substantive right." Conners v. State , 92 So.3d 676 , 682 (¶ 15) (Miss. 2012).

22018–2023
Christmas v. State green
miss · 2009
1 sentence

2025Id.

12025–2025
Faron Young v. State of Mississippi green
missctapp · 2018
1 sentence

2024Id. at (¶¶25, 28). 14 ¶29.

12024–2024
Harris v. State green
missctapp · 2005
1 sentence

2006Id.

12006–2006

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

IL 350 (1974–2026) TN 48 (1998–2020) OH 26 (1992–2025) MI 20 (2003–2025) NJ 19 (1999–2025) AL 15 (1993–2018) MS 14 (2006–2025) UT 8 (1997–2020) MT 7 (1988–2016) WV 5 (2012–2020) CT 5 (1994–2026) NC 4 (2006–2018) GA 3 (2007–2022) MO 3 (1977–2008) SD 2 (1989–2001) MD 2 (2001–2009) MN 2 (2011–2024) VI 2 (2011–2013) CO 2 (2002–2026)

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.

← Caselaw search · G Cite Topics · Brief Check