refusal of a similar instruction (Mississippi) · Go Syfert
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refusal of a similar instruction in Mississippi

12 Mississippi opinions name it 2 courts 1930–2016 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 (4)

CaseFollowedCited
Barr v. Stategreen
miss · 1978 · cited in 5 Mississippi opinions naming this issue, 1983–1992
2 sentences

1992Groseclose v. State, 440 So.2d 297 , 302 (Miss. 1983); Barr v. State, 359 So.2d 334 , 338 (Miss. 1978).

1984Further, "all instructions should be read together, and if the jury is fully and fairly instructed by other instructions, the refusal of a similar instruction is not reversible error." Barr v. State, 359 So.2d 334, 338 (Miss. 1978).

45
Caston v. Stategreen
miss · 2002 · cited in 2 Mississippi opinions naming this issue, 2001–2003
2 sentences

2003Caston v. State, 823 So.2d 473, 507 (Miss.2002).

2001Caston v. State, 823 So. 2d 473, 507 (Miss. 2002).

22
Billiot v. Stategreen
miss · 1984 · cited in 2 Mississippi opinions naming this issue, 1986–1988
2 sentences

1988Mullins v. State, 493 So.2d 971 (Miss.1986); Billiot v. State, 454 So.2d 445, 461 (Miss.1984); Barr v. State, 359 So.2d 334, 338 (Miss.1978).

1986Billiot v. State, 454 So.2d 445, 461 (Miss. 1984); Barr v. State, 359 So.2d 334, 338 (Miss. 1978).

22
Thomas v. Stategreen
miss · 1983 · cited in 1 Mississippi opinions naming this issue, 2016–2016
2 sentences

2016However, the Thomas court also noted that the trial court there had failed to give a general instruction “explaining to the jury that they were the sole judge of the weight and credibility of the witnesses, and that they could give testimony and evidence such weight as they deemed it justified.” Id.

2016On appeal, Walker claims this was error based on Thomas v. State, 426 So.2d 795, 795 (Miss.1983), where the Mississippi Supreme Court found reversible error in the refusal of a similar instruction.

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
Watson v. State green
miss · 1988
2 sentences

1998The Court of Appeals relied on Watson v. State, 521 So.2d 1290 (Miss.1988), where this Court dealt with the refusal of a similar instruction.

1994The Court of Appeals relied on Watson v. State, 521 So.2d 1290 (Miss. 1988), where this Court dealt with the refusal of a similar instruction.

21994–1998
Groseclose v. State green
miss · 1983
1 sentence

1992Groseclose v. State, 440 So.2d 297 , 302 (Miss. 1983); Barr v. State, 359 So.2d 334 , 338 (Miss. 1978).

11992–1992
Mullins v. State green
miss · 1986
1 sentence

1988Mullins v. State, 493 So.2d 971 (Miss.1986); Billiot v. State, 454 So.2d 445, 461 (Miss.1984); Barr v. State, 359 So.2d 334, 338 (Miss.1978).

11988–1988
McKlemurry v. University Medical Center green
miss · 1980
1 sentence

1984Craft v. State, 380 So.2d 251 (Miss.1980), involved the refusal of a similar instruction.

11984–1984
Armstrong v. Minkus neutral
· 1908
1 sentence

1930It is true that in the case of Lewis v. State, 93 Miss. 697 , 47 So. 467 , the refusal of a similar instruction was held to be erroneous, but this case was overruled by the case of Anderson v. State, 97 Miss. 658 , 47 So. 393 , and in the very recent case of Calloway v. State (Miss.), 125 So. 109 , it was again held that it was proper to refuse an instruction informing the jury that evidence of good character may of itself create a reasonable doubt where otherwise no reasonable doubt would exist.

11930–1930
Lewis v. State neutral
miss · 1908
1 sentence

1930It is true that in the case of Lewis v. State, 93 Miss. 697 , 47 So. 467 , the refusal of a similar instruction was held to be erroneous, but this case was overruled by the case of Anderson v. State, 97 Miss. 658 , 47 So. 393 , and in the very recent case of Calloway v. State (Miss.), 125 So. 109 , it was again held that it was proper to refuse an instruction informing the jury that evidence of good character may of itself create a reasonable doubt where otherwise no reasonable doubt would exist.

11930–1930
Anderson v. State green
miss · 1910
1 sentence

1930It is true that in the case of Lewis v. State, 93 Miss. 697 , 47 So. 467 , the refusal of a similar instruction was held to be erroneous, but this case was overruled by the case of Anderson v. State, 97 Miss. 658 , 47 So. 393 , and in the very recent case of Calloway v. State (Miss.), 125 So. 109 , it was again held that it was proper to refuse an instruction informing the jury that evidence of good character may of itself create a reasonable doubt where otherwise no reasonable doubt would exist.

11930–1930
Calloway v. State green
miss · 1929
1 sentence

1930It is true that in the case of Lewis v. State, 93 Miss. 697 , 47 So. 467 , the refusal of a similar instruction was held to be erroneous, but this case was overruled by the case of Anderson v. State, 97 Miss. 658 , 47 So. 393 , and in the very recent case of Calloway v. State (Miss.), 125 So. 109 , it was again held that it was proper to refuse an instruction informing the jury that evidence of good character may of itself create a reasonable doubt where otherwise no reasonable doubt would exist.

11930–1930

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

MS 12 (1930–2016) CA 3 (1933–2010)

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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