oral instruction (Mississippi) · Go Syfert
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oral instruction in Mississippi

12 Mississippi opinions name it 2 courts 1956–2021 1 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 (3)

CaseFollowedCited
Taylor v. Stategreen
miss · 1996 · cited in 5 Mississippi opinions naming this issue, 1994–2007
2 sentences

2007In response to the defendant's contention that "the oral instruction amounted to a direction to the jury to find aggravating circumstances," this Court held that "the only question is that of whether or not the trial judge in his oral instruction to the jury said anything which would taint the verdict." Id.

2007In response to the defendant’s contention that “the oral instruction amounted to a direction to the jury to find aggravating circumstances,” this Court held that “the only question is that of whether or not the trial judge in his oral instruction to the jury said anything which would taint the verdict.” Id.

25
Martin v. Stategreen
miss · 1982 · cited in 1 Mississippi opinions naming this issue, 2012–2012
1 sentence

2012See, e.g., Martin v. State, 415 So.2d 706, 709 (Miss.1982) ("instructions to the jury should be presented in written form only, where possible”); Pearson v. State, 254 Miss. 275, 291 , 179 So.2d 792, 799 (1965) ("[Cjircuit judges must give instructions in writing- This mandate to him can not be nullified by his permitting counsel to give an oral instruction for him, or orally alter one already given by him.”). .

11
Pearson v. Stategreen
miss · 1965 · cited in 1 Mississippi opinions naming this issue, 2012–2012
2 sentences

2012See, e.g., Martin v. State, 415 So.2d 706, 709 (Miss.1982) ("instructions to the jury should be presented in written form only, where possible”); Pearson v. State, 254 Miss. 275, 291 , 179 So.2d 792, 799 (1965) ("[Cjircuit judges must give instructions in writing- This mandate to him can not be nullified by his permitting counsel to give an oral instruction for him, or orally alter one already given by him.”). .

2012See, e.g., Martin v. State, 415 So.2d 706, 709 (Miss.1982) ("instructions to the jury should be presented in written form only, where possible”); Pearson v. State, 254 Miss. 275, 291 , 179 So.2d 792, 799 (1965) ("[Cjircuit judges must give instructions in writing- This mandate to him can not be nullified by his permitting counsel to give an oral instruction for him, or orally alter one already given by him.”). .

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 (8)

CaseCitedYears
Tunica County, Mississippi v. Town of Tunica, Mississippi green
miss · 2017
1 sentence

2021The supreme court held that the “trial court’s error in failing to hold an oral hearing on the defendant’s summary judgment motion was harmless because the plaintiff presented no evidence which could have defeated the defendant’s motion . . . [and that] it [was] highly unlikely that any material or pertinent facts would have been disclosed at a summary judgment hearing had it been held.” Id. 9 The envelope was addressed and mailed to the Jackson Correctional Institution in Wisconsin, where Bartz is incarcerated. 11 ¶22.

12021–2021
Adams v. Cinemark USA, Inc. green
miss · 2002
2 sentences

2017Adams, 831 So. 2d at 1164 .

2017Adams, 831 So.2d at 1164 .

12017–2017
State v. Weisberg green
minnctapp · 1991
2 sentences

2011Id. at 382-83 .

2011Id. at 382-83 .

12011–2011
Sherrod v. US Fidelity and Guar. Co. green
miss · 1987
1 sentence

2002However, we find such error to be harmless. [4] In Sherrod v. United States Fidelity & Guaranty Co., 518 So.2d 640 (Miss.1987), we applied the harmless error test to a procedural error.

12002–2002
Owens v. State neutral
miss · 1903
1 sentence

1996Taylor contends that the oral instruction amounted to a direction to the jury to find aggravating circumstances and he cites Owens v. State, 82 Miss. 18 , 33 So. 718 (1903), in support of his contention that the Court's action compels vacation of his sentence.

11996–1996
Graves v. Gambrell neutral
miss · 1939
2 sentences

1956This case is aptly covered by what was said in Graves v. Gambrell, 184 Miss. 61 , 185 So. 238 , as follows: “Placing the evidence in this case in the class of probability, it seems to ns that it is sufficient to establish the fatherhood of the child in the appellee — even beyond reasonable doubt.

1956This case is aptly covered by what was said in Graves v. Gambrell, 184 Miss. 61 , 185 So. 238 , as follows: “Placing the evidence in this case in the class of probability, it seems to ns that it is sufficient to establish the fatherhood of the child in the appellee — even beyond reasonable doubt.

11956–1956
Bumpus v. State green
· 1932
2 sentences

1956In the case of Price v. State, 207 Miss. 111 , 41 So. 2d 37 , we quoted with approval from the case of Bumpus v. State, 166 Miss. 276 , 144 So. 897, 899 , as follows: “ ‘In passing, we will say that the statute invoked does not place the judge in a strait-jacket nor prevent him from having anything to say during the progress of a trial.

1956In the case of Price v. State, 207 Miss. 111 , 41 So. 2d 37 , we quoted with approval from the case of Bumpus v. State, 166 Miss. 276 , 144 So. 897, 899 , as follows: “ ‘In passing, we will say that the statute invoked does not place the judge in a strait-jacket nor prevent him from having anything to say during the progress of a trial.

11956–1956
Price v. State green
miss · 1949
2 sentences

1956In the case of Price v. State, 207 Miss. 111 , 41 So. 2d 37 , we quoted with approval from the case of Bumpus v. State, 166 Miss. 276 , 144 So. 897, 899 , as follows: “ ‘In passing, we will say that the statute invoked does not place the judge in a strait-jacket nor prevent him from having anything to say during the progress of a trial.

1956In the case of Price v. State, 207 Miss. 111 , 41 So. 2d 37 , we quoted with approval from the case of Bumpus v. State, 166 Miss. 276 , 144 So. 897, 899 , as follows: “ ‘In passing, we will say that the statute invoked does not place the judge in a strait-jacket nor prevent him from having anything to say during the progress of a trial.

11956–1956

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-19-101 (6) MS § Miss. Code Ann. § 99-15-35 (5) MS § Miss. Code Ann. § 99-19-105 (5) MS § Miss. Code Ann. § 99-39-21 (5) MS § Miss. Code Ann. § 97-3-19 (3) MS § Miss. Code Ann. § 99-17-1 (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

TX 308 (1939–2026) OH 217 (1966–2026) NY 105 (1906–2026) CA 91 (1864–2025) AL 57 (1915–2012) IL 55 (1898–2025) GA 48 (1959–2025) FL 34 (1883–2026) WA 32 (1917–2026) TN 21 (1941–2025) MD 17 (1908–2014) MI 16 (1967–2025) MO 16 (1933–2025) VA 14 (1846–2024) KS 14 (1875–2024) IN 13 (1881–2018) MS 12 (1956–2021) OK 12 (1901–1995) PA 11 (1954–2024) CT 11 (1954–2018) KY 10 (1920–2011) NE 10 (1930–2026) ID 10 (1894–1994) NM 10 (1990–2024) WI 10 (1992–2022) DC 10 (1978–2013) LA 9 (1929–2024) WV 9 (1908–2022) MA 9 (1926–2016) VT 8 (1981–2019) OR 8 (1992–2018) HI 8 (1980–2022) MN 7 (1923–2009) IA 7 (1897–2015) NC 6 (1972–2017) NJ 6 (1953–2017) NV 5 (1914–2015) MT 5 (1928–1994) AR 5 (1886–2016) AZ 4 (1949–2012) CO 4 (1974–2009) SD 3 (1990–2022) SC 3 (1993–2011) AK 3 (1986–2006) ND 3 (1917–2014) ME 2 (1967–2017) NH 2 (1974–2007) WY 2 (1987–1993) RI 2 (1991–1994) UT 2 (2011–2020)

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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