on-the-record balancing test (Mississippi) · Go Syfert
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on-the-record balancing test in Mississippi

12 Mississippi opinions name it 2 courts 1989–2019 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)

CaseFollowedCited
Peterson v. Stategreen
miss · 1987 · cited in 4 Mississippi opinions naming this issue, 1998–2019
2 sentences

2019“Rule 609(a)(1) requires that before admitting evidence of a witness’s felony conviction, the [circuit court] must determine ‘that the probative value of admitting this evidence outweighs its prejudicial effect.’” Peterson, 518 So. 2d at 636 (reversing Peterson’s conviction and remanding the case for a new trial due to the circuit court’s failure to conduct an on-the-record balancing test pursuant to Rule 609(a)(1)). ¶25.

1998Moore contends that the trial court erred in failing to conduct an on-the-record balancing test as set forth in Peterson v. State, 518 So. 2d 632, 636 (Miss. 1987), before allowing in evidence of defense witness Fredrick Pediway's prior convictions.

24
McGee v. Stategreen
miss · 1990 · cited in 3 Mississippi opinions naming this issue, 1989–2004
2 sentences

2004The purpose of this on-the-record balancing requirement is so that on appeal "[an appellate court] can more easily ascertain whether or not the trial judge has abused his discretion in granting or denying admissibility of prior convictions for impeachment purposes." Jones v. State, 702 So.2d 419, 421 (¶ 14) (Miss.1997) (citing McGee v. State, 569 So.2d 1191, 1195 (Miss.1990)). ¶ 13.

1997The purpose of this on-the-record balancing requirement is so that on appeal "this Court can more easily ascertain whether or not the trial judge has abused his discretion in granting or denying admissibility of prior convictions for impeachment purposes." McGee, 569 So.2d at 1195 ( quoting Johnson, 525 So.2d at 812 ). ¶ 15.

23
Smith v. Statered
miss · 1995 · cited in 2 Mississippi opinions naming this issue, 1999–2015
2 sentences

2015Smith v. State, 656 So. 2d 95 (Miss. 1995), overruled in part by Brown v. State, 890 So. 2d 901 (Miss. 2004) (abandoning Smith’s requirement that a trial judge sua sponte give a limiting instruction).

2015Smith v. State, 656 So.2d 95 (Miss.1995), overruled in part by Brown v. State, 890 So.2d 901 (Miss.2004) (abandoning - Smith’s requirement that a trial judge sua sponte give a limiting instruction).

12
Malcolm Horton v. State of Mississippigreen
missctapp · 2018 · cited in 1 Mississippi opinions naming this issue, 2019–2019
1 sentence

2019We acknowledged that the trial court did not conduct an on-the- record balancing test but “a circuit court’s failure to state Rule 403’s ‘magic words’ does not mean that the court did not consider 403’s requirement or that the court erred in its decision on admissibility.” Id. at 341 (¶22). ¶23.

11
Jones v. Stategreen
miss · 2006 · cited in 1 Mississippi opinions naming this issue, 2019–2019
1 sentence

2019Jones v. State, 920 So. 2d 465, 475 (¶32) (Miss. 2006).

11
Jones v. Stategreen
miss · 1997 · cited in 1 Mississippi opinions naming this issue, 2004–2004
1 sentence

2004The purpose of this on-the-record balancing requirement is so that on appeal "[an appellate court] can more easily ascertain whether or not the trial judge has abused his discretion in granting or denying admissibility of prior convictions for impeachment purposes." Jones v. State, 702 So.2d 419, 421 (¶ 14) (Miss.1997) (citing McGee v. State, 569 So.2d 1191, 1195 (Miss.1990)). ¶ 13.

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 (3)

CaseCitedYears
Johnson v. State green
miss · 1988
2 sentences

1997The purpose of this on-the-record balancing requirement is so that on appeal "this Court can more easily ascertain whether or not the trial judge has abused his discretion in granting or denying admissibility of prior convictions for impeachment purposes." McGee, 569 So.2d at 1195 ( quoting Johnson, 525 So.2d at 812 ). ¶ 15.

1989The purpose of this on-the-record balancing requirement is so that on appeal "this Court can more easily ascertain whether or not the trial judge has abused his discretion in granting or denying admissibility of prior convictions for impeachment purposes." McGee, 569 So. 2d at 1195 (quoting Johnson, 525 So. 2d at 812 ). ¶15.

21989–1997
Corser v. State neutral
missctapp · 2013
1 sentence

2018However, "a circuit court's failure to state Rule 403's 'magic words' does not mean that the court did not consider Rule 403's requirements or that the court erred in its decision on admissibility." Corser v. State , 147 So.3d 357 , 360 (¶ 14) (Miss.

12018–2018
Brown v. State green
miss · 2004
2 sentences

2015Smith v. State, 656 So. 2d 95 (Miss. 1995), overruled in part by Brown v. State, 890 So. 2d 901 (Miss. 2004) (abandoning Smith’s requirement that a trial judge sua sponte give a limiting instruction).

2015Smith v. State, 656 So.2d 95 (Miss.1995), overruled in part by Brown v. State, 890 So.2d 901 (Miss.2004) (abandoning - Smith’s requirement that a trial judge sua sponte give a limiting instruction).

12015–2015

Where else courts name it

MS 12 (1989–2019) SC 8 (2009–2024)

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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