jnov motion (Mississippi) · Go Syfert
← Mississippi issues

jnov motion in Mississippi

97 Mississippi opinions name it 2 courts 1993–2026 8 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 (56)

CaseFollowedCited
Bush v. Statered
miss · 2005 · cited in 19 Mississippi opinions naming this issue, 2003–2017
2 sentences

2012STANDARD OF REVIEW ¶ 5. “[A] motion for a JNOV challenge[s] the legal sufficiency of the evidence.” Wells v. State, 57 So.3d 40, 45 (¶ 10) (Miss.Ct.App.2011) (citing Bush v. State, 895 So.2d 836, 843 (¶16) (Miss.2005)).

2012STANDARD OF REVIEW ¶ 5. “[A] motion for a JNOV challenge[s] the legal sufficiency of the evidence.” Wells v. State, 57 So.3d 40, 45 (¶ 10) (Miss.Ct.App.2011) (citing Bush v. State, 895 So.2d 836, 843 (¶16) (Miss.2005)).

1719
McClain v. Stategreen
miss · 1993 · cited in 17 Mississippi opinions naming this issue, 1995–2011
2 sentences

2011Hughery, 799 So.2d at 117-18 (¶ 17) (citing McClain v. State, 625 So.2d at 778).

2008McClain v. State, 625 So.2d 774, 778 (Miss.1993).

1517
Noe v. Stategreen
miss · 1993 · cited in 9 Mississippi opinions naming this issue, 1997–1999
2 sentences

1999Noe v. State, 616 So.2d 298, 302 (Miss.1993).

1999Noe v. State, 616 So.2d 298, 302 (Miss.1993).

99
Carr v. Stategreen
miss · 1968 · cited in 4 Mississippi opinions naming this issue, 2003–2015
2 sentences

2005In the recent case of Bush v. State, 895 So.2d 836, 843 (Miss.2005), we discussed the standard which applies in a challenge, via a JNOV motion, to a verdict based on the sufficiency of the evidence: In Carr v. State, 208 So.2d 886, 889 (Miss.1968), we stated that in considering whether the evidence is sufficient to sustain a conviction in the face of a motion for directed verdict or for judgment notwithstanding the verdict, the critical inquiry is whether the evidence shows `beyond a reasonable doubt that accused committed the act charged, and that he did so under such circumstances that every

2003In the recent case of Bush v. State, 895 So. 2d 836 , 843 9 (Miss. 2005), we discussed the standard which applies in a challenge, via a JNOV motion, to a verdict based on the sufficiency of the evidence: In Carr v. State, 208 So. 2d 886, 889 (Miss. 1968), we stated that in considering whether the evidence is sufficient to sustain a conviction in the face of a motion for directed verdict or for judgment notwithstanding the verdict, the critical inquiry is whether the evidence shows ‘beyond a reasonable doubt that accused committed the act charged, and that he did so under such circumstances tha

44
Boose v. Stategreen
missctapp · 2003 · cited in 4 Mississippi opinions naming this issue, 2007–2007
2 sentences

2007Boose v. State, 851 So.2d 391, 394 (¶ 13) (Miss.Ct.App. 2003).

2007Boose v. State, 851 So.2d 391, 394 (¶ 13) (Miss.Ct.App.2003).

44
Kingston v. Stategreen
miss · 2003 · cited in 3 Mississippi opinions naming this issue, 2001–2004
2 sentences

2004Kingston v. State, 846 So.2d 1023, 1025 (Miss.2003). ¶ 18.

2001Kingston v. State, 846 So. 2d 1023, 1025 (Miss. 2003). ¶17.

33
Moore v. Stategreen
miss · 2016 · cited in 2 Mississippi opinions naming this issue, 2018–2022
2 sentences

2022Wayne asserts that the trial court erred in denying his JNOV motion because, according to Wayne, “[t]here is no way from the presented evidence and testimony that a reasonable jury could have concluded that Wayne committed deliberate[-]design murder, and did not act in self-defense.” We review de novo the denial of a JNOV motion “because [it is a] challenge [to] the legal sufficiency of the evidence.” Brooks v. State, 203 So. 3d 1134, 1137 (¶11) (Miss. 2016). ¶32.

2018Wilson asserts that the court erred when it denied his JNOV motion because there was insufficient evidence to support the jury’s verdict on the burglary convictions for the Patrick and Lingo camp houses.21 The denial of a JNOV motion is reviewed de novo “because [it is a] challenge [to] the legal sufficiency of the evidence.” Brooks v. State, 203 So. 3d 1134, 1137 (¶11) (Miss. 2016).

22
Croft v. Stategreen
miss · 2008 · cited in 2 Mississippi opinions naming this issue, 2012–2019
2 sentences

2019A JNOV motion challenges the “legal sufficiency of the evidence supporting the guilty verdict.” Parker v. State, 30 So. 3d 1222, 1235 (¶48) (Miss. 2010) (quoting Croft v. State, 992 So. 2d 1151, 1157 (¶24) (Miss. 2008)). ¶12.

2012“In a criminal proceeding, motions for a directed verdict and a JNOV challenge the legal sufficiency of the evidence supporting the guilty verdict.” Bas-kin v. State, 39 So.3d 959, 962 (¶ 6) (Miss.Ct.App.2010) (quoting Croft v. State, 992 So.2d 1151, 1157 (¶ 24) (Miss.2008)).

22
Butler v. Stategreen
miss · 1989 · cited in 2 Mississippi opinions naming this issue, 1995–1999
2 sentences

1999Butler v. State, 544 So.2d 816, 819 (Miss.1989).

1995Butler v. State, 544 So. 2d 816, 819 (Miss. 1989).

22
Shirley Warren v. State of Mississippigreen
miss · 2016 · cited in 2 Mississippi opinions naming this issue, 2018–2018
2 sentences

2018"On review of the sufficiency of the evidence, this Court considers the trial court's ruling at the last time the sufficiency of the evidence was challenged." Warren , 187 So.3d at 627 (¶ 29).

2018"On review of the sufficiency of the evidence, this Court considers the trial court's ruling at the last time the sufficiency of the evidence was challenged." Warren v. State , 187 So.3d 616 , 627 (¶ 29) (Miss. 2016).

12
Walter Dewayne Sanford v. State of Mississippigreen
miss · 2018 · cited in 1 Mississippi opinions naming this issue, 2026–2026
1 sentence

2026Sanford v. State, 247 So. 3d 1242, 1244 (¶10) (Miss. 2018).

11
Fulks v. Stategreen
missctapp · 2006 · cited in 1 Mississippi opinions naming this issue, 2026–2026
1 sentence

2026In Fulks v. State, 944 So. 2d 79, 85 (¶14) (Miss.

11
Strong v. Nicholsongreen
miss · 1991 · cited in 1 Mississippi opinions naming this issue, 2024–2024
1 sentence

2024Substantial evidence is “evidence of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions.” Condere Corp. v. Moon, 880 So. 2d 1038, 1042 (¶12) (Miss. 2004) 3 On appeal, Weaver only argues against the weight of the evidence, and Ross only responds about the sufficiency of the evidence; therefore, we shall discuss both. 9 (quoting Strong v. Nicholson, 580 So. 2d 1288, 1292 (Miss. 1991)).

11
Condere Corp. v. Moongreen
miss · 2004 · cited in 1 Mississippi opinions naming this issue, 2024–2024
1 sentence

2024Substantial evidence is “evidence of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions.” Condere Corp. v. Moon, 880 So. 2d 1038, 1042 (¶12) (Miss. 2004) 3 On appeal, Weaver only argues against the weight of the evidence, and Ross only responds about the sufficiency of the evidence; therefore, we shall discuss both. 9 (quoting Strong v. Nicholson, 580 So. 2d 1288, 1292 (Miss. 1991)).

11
Gary v. Stategreen
missctapp · 2009 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023And West’s motion for a directed verdict and peremptory jury instruction generally mentioned “that the crimes charged . . . have not been proven.” It is true that “[a] motion for a JNOV in which the sufficiency of the evidence is challenged must be specific.” Gary v. State, 11 So. 3d 769, 771 (¶8) (Miss.

11
Xavier Collins Johnson v. State of Mississippigreen
miss · 2017 · cited in 1 Mississippi opinions naming this issue, 2022–2022
1 sentence

2022“In applying de novo review, we determine ‘whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’” Body v. State, 318 So. 3d 1104 , 1108 (¶11) (Miss. 2021) (quoting Johnson v. State, 235 So. 3d 1404, 1410 (¶12) (Miss. 2017)).

11
Anderson v. Stategreen
missctapp · 2014 · cited in 1 Mississippi opinions naming this issue, 2022–2022
1 sentence

2022Ct. App. 2018) (quoting Anderson v. State, 154 So. 3d 42, 50 (¶20) (Miss.

11
Stanley Ross Strickland v. State of Mississippigreen
missctapp · 2017 · cited in 1 Mississippi opinions naming this issue, 2021–2021
2 sentences

2021Strickland v. State, 215 So. 3d 514, 516 (Miss.

2021Strickland v. State, 215 So. 3d 514, 516 (Miss.

11
Knight v. Stategreen
miss · 2011 · cited in 1 Mississippi opinions naming this issue, 2021–2021
1 sentence

2021Knight v. State, 72 So. 3d 1056, 1063 (Miss. 2011).

11
Daniels v. Stategreen
miss · 2013 · cited in 1 Mississippi opinions naming this issue, 2020–2020
1 sentence

2020Daniels v. State, 107 So. 3d 961, 963 (¶12) (Miss. 2013).

11
Cooper v. Lawsongreen
miss · 1972 · cited in 1 Mississippi opinions naming this issue, 2019–2019
1 sentence

2019See, e.g., Cooper v. Lawson, 264 So. 2d 890, 891 (Miss. 1972) (“[B]efore a litigant can avail himself of the contention the verdict is against the weight of the evidence, it is essential that the contention be embodied in a motion for a new trial in the lower court and be passed upon by the trial judge.

11
Parker v. Stategreen
miss · 2010 · cited in 1 Mississippi opinions naming this issue, 2019–2019
1 sentence

2019A JNOV motion challenges the “legal sufficiency of the evidence supporting the guilty verdict.” Parker v. State, 30 So. 3d 1222, 1235 (¶48) (Miss. 2010) (quoting Croft v. State, 992 So. 2d 1151, 1157 (¶24) (Miss. 2008)). ¶12.

11
Dilworth v. Stategreen
miss · 2005 · cited in 1 Mississippi opinions naming this issue, 2019–2019
1 sentence

2019See Dilworth v. State, 909 So. 2d 731, 737 (¶20) (Miss. 2005).

11
Jenkins v. Stategreen
missctapp · 2012 · cited in 1 Mississippi opinions naming this issue, 2019–2019
11
D'Anzor Jackson v. State of Mississippigreen
missctapp · 2018 · cited in 1 Mississippi opinions naming this issue, 2018–2018
11
Gillett v. Stategreen
miss · 2010 · cited in 1 Mississippi opinions naming this issue, 2018–2018
11
Griffin v. Stategreen
miss · 1990 · cited in 1 Mississippi opinions naming this issue, 2016–2016
11
Stringer v. Stategreen
miss · 2014 · cited in 1 Mississippi opinions naming this issue, 2016–2016
11
Heidelberg v. Stategreen
missctapp · 2010 · cited in 1 Mississippi opinions naming this issue, 2015–2015
11
Sims v. Stategreen
missctapp · 2000 · cited in 1 Mississippi opinions naming this issue, 2015–2015
11
Ivy v. Stategreen
miss · 2007 · cited in 1 Mississippi opinions naming this issue, 2014–2014
11
Williams v. Stategreen
missctapp · 2013 · cited in 1 Mississippi opinions naming this issue, 2014–2014
11
Johnson v. Stategreen
miss · 2011 · cited in 1 Mississippi opinions naming this issue, 2013–2013
11
Smith v. Stategreen
miss · 2003 · cited in 1 Mississippi opinions naming this issue, 2013–2013
11
Lewis v. Stategreen
missctapp · 2013 · cited in 1 Mississippi opinions naming this issue, 2013–2013
11
AMFED COMPANIES, LLC v. Jordangreen
missctapp · 2010 · cited in 1 Mississippi opinions naming this issue, 2012–2012
11
Janssen Pharmaceutica, Inc. v. Baileygreen
miss · 2004 · cited in 1 Mississippi opinions naming this issue, 2012–2012
11
Baskin v. Stategreen
missctapp · 2010 · cited in 1 Mississippi opinions naming this issue, 2012–2012
11
White v. Stewmangreen
miss · 2006 · cited in 1 Mississippi opinions naming this issue, 2012–2012
11
Watts v. Radiator Specialty Co.green
miss · 2008 · cited in 1 Mississippi opinions naming this issue, 2012–2012
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 (16)

CaseCitedYears
Poole Ex Rel. Poole v. Avara green
miss · 2005
2 sentences

2007Thus, to determine whether this standard was met, following denial of the JNOV motion, this Court must view the evidence "in the light most favorable to the non-moving party[,]" Poole, 908 So.2d at 726 , and it must be determined if "reasonable and fairminded jurors in the exercise of fair and impartial judgment might reach different conclusions[,]" id., as to that evidence. ¶ 37.

2007Thus, to determine whether this standard was met, following denial of the JNOV motion, this Court must view the evidence "in the light most favorable to the non-moving party[,]" Poole, 908 So.2d at 726 , and it must be determined if "reasonable and fairminded jurors in the exercise of fair and impartial judgment might reach different conclusions[,]" id., as to that evidence. ¶ 37.

22005–2007
Jackson v. Virginia red
scotus · 1979
2 sentences

2005Jackson v. Virginia, 443 U.S. 307, 315 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) (citations omitted) (emphasis in original).

2005Jackson v. Virginia, 443 U.S. 307, 315 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) (citations omitted) (emphasis in original).

22003–2005
Day v. Morrison green
miss · 1995
2 sentences

2003Bickham argued that the trial court erred in denying the JNOV motion and in giving Instruction C-20 as it is a subjective instruction and is in conflict with this Court's holding in Day v. Morrison, 657 So.2d 808 (Miss.1995).

1997Bickham argued that the trial court erred in denying the JNOV motion and in giving Instruction C-20 as it is a subjective instruction and is in conflict with this Court's holding in Day v. Morrison, 657 So.2d 808 (Miss. 1995).

21997–2003
Junior Food Stores, Inc. v. Rice green
miss · 1996
2 sentences

2001Id. at 76 .

1998Id. at 76 .

21998–2001
InTown Lessee Associates, LLC v. Howard green
miss · 2011
1 sentence

2024The appellate court “will affirm the denial of a JNOV motion if there is substantial evidence to support the verdict.” Id.

12024–2024
Materials Transp. Co. v. Newman green
miss · 1995
1 sentence

2023Id. at 1203 .

12023–2023
Brooks v. Pennington green
missctapp · 2008
2 sentences

2019Smith relies on Brooks v. Pennington, 995 So. 2d 733 (Miss.

2019Smith relies on Brooks v. Pennington , 995 So.2d 733 (Miss.

12019–2019
Shipp v. State green
miss · 2003
12017–2017
Edwards v. Roberts green
missctapp · 2000
12016–2016
Kirk v. Koch green
miss · 1992
12005–2005
Maxwell v. Illinois Central Gulf RR green
miss · 1987
12003–2003
Williams v. State green
missctapp · 1999
12002–2002
Bingham v. State green
missctapp · 1998
11999–1999
Fisher v. State green
miss · 1985
11999–1999
McFee v. State green
miss · 1987
11999–1999
Veal v. State green
miss · 1991
11994–1994

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-19 (17) MS § Miss. Code Ann. § 97-3-7 (7) MS § Miss. Code Ann. § 99-17-1 (5) MS § Miss. Code Ann. § 97-3-73 (4) MS § Miss. Code Ann. § 97-3-79 (4) MS § Miss. Code Ann. § 11-1-65 (3) MS § Miss. Code Ann. § 41-29-139 (3) MS § Miss. Code Ann. § 63-11-30 (3) MS § Miss. Code Ann. § 97-3-47 (3) MS § Miss. Code Ann. § 97-3-95 (3) MS § Miss. Code Ann. § 99-19-81 (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

CA 126 (1991–2026) MS 97 (1993–2026) SC 65 (1993–2026) TX 50 (1998–2025) NC 37 (1994–2026) OH 33 (1990–2026) LA 27 (1985–2020) MO 24 (1995–2025) MI 22 (2004–2025) AL 14 (1983–2013) MD 13 (2000–2024) PA 13 (2015–2026) MN 9 (1985–2004) NJ 9 (2002–2026) UT 7 (2013–2023) OR 6 (2003–2020) ID 6 (2011–2021) IL 5 (1998–2025) MA 5 (2000–2018) WY 5 (1991–1993) WI 5 (2002–2024) AR 4 (2004–2014) CO 4 (2008–2025) AK 4 (2012–2022) OK 3 (2005–2014) FL 3 (2013–2025) HI 3 (1994–1995) IA 3 (2017–2022) KY 3 (1999–2020) WA 2 (2001–2001) NV 2 (1997–2004)

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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