objection to a jury instruction (Mississippi) · Go Syfert
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objection to a jury instruction in Mississippi

14 Mississippi opinions name it 2 courts 1974–2018 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 (7)

CaseFollowedCited
Watson v. Stategreen
miss · 1986 · cited in 3 Mississippi opinions naming this issue, 2001–2018
2 sentences

2018Watson v. State , 483 So.2d 1326 , 1329 (Miss. 1986).

2003Watson v. State, 483 So.2d 1326, 1329 (Miss.1986).

23
Rubenstein v. Stategreen
miss · 2006 · cited in 2 Mississippi opinions naming this issue, 2008–2010
2 sentences

2010Jordan v. State, 995 So.2d 94, 114 (Miss.2008) (citing Rubenstein v. State, 941 So.2d 735, 779 (Miss.2006)).

2008Jordan v. State, 995 So. 2d 94, 114 (Miss. 2008) (citing Rubenstein v. State, 941 So. 2d 735, 779 (Miss. 2006)).

22
Jordan v. Stategreen
miss · 2008 · cited in 2 Mississippi opinions naming this issue, 2008–2010
2 sentences

2010Jordan v. State, 995 So.2d 94, 114 (Miss.2008) (citing Rubenstein v. State, 941 So.2d 735, 779 (Miss.2006)).

2008Jordan v. State, 995 So. 2d 94, 114 (Miss. 2008) (citing Rubenstein v. State, 941 So. 2d 735, 779 (Miss. 2006)).

22
Shields v. Easterlinggreen
miss · 1996 · cited in 2 Mississippi opinions naming this issue, 2005–2007
2 sentences

2007The issue raised on appeal may not be based on a different legal theory." See Shields v. Easterling, 676 So.2d 293, 296 (Miss.1996) ("Shields did not put this objection to the trial court in any specific meaningful manner.

2005The issue raised on appeal may not be based on a different legal theory.” See Shields v. Easterling, 676 So. 2d 293, 296 (Miss. 1996) (“Shields did not put this objection to the trial court in any specific meaningful manner.

22
Fitch v. Valentinegreen
miss · 2007 · cited in 1 Mississippi opinions naming this issue, 2009–2009
1 sentence

2009The issue raised on appeal may not be based on a different legal theory.” Fitch v. Valentine, 959 So.2d 1012, 1023 (¶ 28) (Miss.2007). ¶ 29.

11
Toney v. Stategreen
miss · 1974 · cited in 1 Mississippi opinions naming this issue, 1983–1983
1 sentence

1983Toney v. State, 298 So.2d 716, 721 (Miss. 1974); Culberson v. State, 379 So.2d 499 , 506 (Miss. 1980); (Rule 42 waived "with reluctance and only because this is a capital case").

11
Miller v. Stategreen
miss · 1976 · cited in 1 Mississippi opinions naming this issue, 1983–1983
1 sentence

1983See Petty v. State, 332 So.2d 413 (Miss. 1976); Entrican v. State, 309 So.2d 851 (Miss. 1975).

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 (6)

CaseCitedYears
Lester v. State green
miss · 1997
1 sentence

2010Id. at 789 .

12010–2010
Avera v. State green
missctapp · 2000
1 sentence

2002Avera v. State, 761 So.2d 900 (¶ 15) (Miss.Ct.App. 2000).

12002–2002
Williams v. State green
miss · 1984
1 sentence

1986In Williams v. State, 445 So.2d 798 (Miss. 1984), the Court stated the general rule first mentioned above and then said the following: Moreover, the ground relied upon in the assignment of error should be one of the grounds stated in the objection to the lower court... .

11986–1986
Entrican v. State neutral
miss · 1975
1 sentence

1983See Petty v. State, 332 So.2d 413 (Miss. 1976); Entrican v. State, 309 So.2d 851 (Miss. 1975).

11983–1983
Culberson v. State green
miss · 1979
1 sentence

1983Toney v. State, 298 So.2d 716, 721 (Miss. 1974); Culberson v. State, 379 So.2d 499 , 506 (Miss. 1980); (Rule 42 waived "with reluctance and only because this is a capital case").

11983–1983
Grant v. State neutral
· 1935
2 sentences

1974While bearing in mind that a jury can return a manslaughter verdict without an instruction on manslaughter, we examine the first of these instructions: "The Court instructs the jury for the State of Mississippi that should you find the Defendant, Olia Mae McMullen, guilty, the form of your verdict may be as follows: `We, the jury, find the Defendant guilty as charged.' Your verdict should be written upon a separate sheet of paper." A similar instruction was objected to in Grant v. State, 172 Miss. 309 , 160 So. 600 (1935) on the grounds that it prohibited a verdict of manslaughter, and shut th

1974While bearing in mind that a jury can return a manslaughter verdict without an instruction on manslaughter, we examine the first of these instructions: "The Court instructs the jury for the State of Mississippi that should you find the Defendant, Olia Mae McMullen, guilty, the form of your verdict may be as follows: `We, the jury, find the Defendant guilty as charged.' Your verdict should be written upon a separate sheet of paper." A similar instruction was objected to in Grant v. State, 172 Miss. 309 , 160 So. 600 (1935) on the grounds that it prohibited a verdict of manslaughter, and shut th

11974–1974

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-19 (4)

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 16 (1982–2024) MS 14 (1974–2018) WV 11 (1995–2025) WA 8 (1975–2014) RI 6 (2005–2021) MD 6 (1977–2018) CO 5 (1988–1998) IN 4 (2005–2015) NC 4 (2004–2021) PA 4 (1988–2024) DC 3 (2014–2023) NV 3 (2019–2019) ID 3 (1995–2009) VT 3 (2011–2020) KS 3 (1992–2026) FL 3 (1969–2001) AL 2 (1992–1999) WI 2 (2018–2021) VA 2 (2022–2024) KY 2 (2001–2007) AZ 2 (1987–2011) LA 2 (1998–2002) SC 2 (2022–2024) VI 2 (2012–2015) IA 2 (2018–2026)

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.

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