mercy instruction in Mississippi

71 Mississippi opinions name it 1 courts 1986–2022 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 (42)

Case	Followed	Cited
Foster v. Stategreen miss · 1994 · cited in 40 Mississippi opinions naming this issue, 1991–2017 2 sentences 2017Instruction D-38 is clearly a mercy instruction, and the Court has recognized that such instructions are not required and “may be given at the discretion of the trial court.” Foster, 639 So. 2d at 1300 . 2017Instruction D-38 is clearly a mercy instruction, and the Court has recognized that such instructions are not required and "may be given at the discretion of the trial court." Foster , 639 So.2d at 1300 .	29	40
Hansen v. Stategreen miss · 1991 · cited in 29 Mississippi opinions naming this issue, 1993–2014 2 sentences 2014Moreover, Chamberlin reiterated: This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263, 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss.1992); Nixon 2010This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263 , 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss. 1992); Nixon v. State, 533 So.2d 1078, 1100	27	29
Jenkins v. Stategreen miss · 1992 · cited in 31 Mississippi opinions naming this issue, 1991–2014 2 sentences 2014Moreover, Chamberlin reiterated: This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263, 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss.1992); Nixon 2010This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263 , 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss. 1992); Nixon v. State, 533 So.2d 1078, 1100	23	31
Ladner v. Stategreen miss · 1991 · cited in 28 Mississippi opinions naming this issue, 1991–2014 2 sentences 2014“In Saffle , the United States Supreme Court stated that the giving of a mercy instruction results in a decision based on whim and caprice.” Ladner v. State, 584 So.2d 743, 761 (Miss.1991). 2005See Doss v. State, 709 So.2d 369, 394 (Miss.1996) (quoting Ladner v. State, 584 So.2d 743, 761 (Miss.1991)) ("This Court has explicitly held that a `defendant has no right to a mercy instruction.'").	23	28
Williams v. Stategreen miss · 1989 · cited in 23 Mississippi opinions naming this issue, 1989–2014 2 sentences 2014Moreover, Chamberlin reiterated: This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263, 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss.1992); Nixon 2010This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263 , 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss. 1992); Nixon v. State, 533 So.2d 1078, 1100	21	23
Nixon v. Stategreen miss · 1987 · cited in 22 Mississippi opinions naming this issue, 1988–2014 2 sentences 2014Moreover, Chamberlin reiterated: This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263, 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss.1992); Nixon 2010This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263 , 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss. 1992); Nixon v. State, 533 So.2d 1078, 1100	19	22
Lester v. Stategreen miss · 1997 · cited in 20 Mississippi opinions naming this issue, 1995–2014 2 sentences 2014Moreover, Chamberlin reiterated: This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263, 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss.1992); Nixon 2010This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263 , 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss. 1992); Nixon v. State, 533 So.2d 1078, 1100	18	20
Jackson v. Stategreen miss · 1996 · cited in 18 Mississippi opinions naming this issue, 1995–2014 2 sentences 2014Moreover, Chamberlin reiterated: This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263, 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss.1992); Nixon 2010This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263 , 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss. 1992); Nixon v. State, 533 So.2d 1078, 1100	18	18
Jordan v. Stategreen miss · 1998 · cited in 16 Mississippi opinions naming this issue, 1999–2015 2 sentences 2015See Galloway v. State, 122 So. 3d 614, 656 (Miss. 2013); Thorson v. State, 895 So. 2d 85, 108 (Miss. 2004); Ballenger, 667 So. 2d 1242, 1265 (Miss. 1995); Foster v. State, 639 So. 2d 1263, 1300 (Miss. 1994). “[C]apital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So. 2d 1088, 1099 (Miss. 1998) (citations omitted). 2015See Galloway v. State, 122 So.3d 614, 656 (Miss.2013); Thorson v. State, 895 So.2d 85, 108 (Miss.2004); Ballenger, 667 So.2d 1242, 1265 (Miss.1995); Foster v. State, 639 So.2d 1263, 1300 (Miss.1994). “[C]apital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citations omitted).	16	16
Carr v. Stategreen miss · 1995 · cited in 16 Mississippi opinions naming this issue, 1995–2014 2 sentences 2014Moreover, Chamberlin reiterated: This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263, 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss.1992); Nixon 2010This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263 , 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss. 1992); Nixon v. State, 533 So.2d 1078, 1100	16	16
Underwood v. Stategreen miss · 1998 · cited in 14 Mississippi opinions naming this issue, 1996–2014 2 sentences 2014Moreover, Chamberlin reiterated: This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263, 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss.1992); Nixon 2010This Court has repeatedly held that “capital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citing Underwood v. State, 708 So.2d 18, 37 (Miss.1998); Hansen v. State, 592 So.2d 114, 150 (Miss.1991); Williams v. State, 544 So.2d 782, 788 (Miss.1987); Lester v. State, 692 So.2d 755, 798 (Miss.1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Carr v. State, 655 So.2d 824, 850 (Miss.1995); Foster v. State, 639 So.2d 1263 , 1299-1301 (Miss.1994); Jenkins v. State, 607 So.2d 1171, 1181 (Miss. 1992); Nixon v. State, 533 So.2d 1078, 1100	14	14
Saffle v. Parksgreen scotus · 1990 · cited in 27 Mississippi opinions naming this issue, 1991–2015 2 sentences 1999In Saffle v. Parks, 494 U.S. 484, 492-93 , 110 S.Ct. 1257, 1262-63 , 108 L.Ed.2d 415, 427-28 (1990), the U.S. Supreme Court stated that the giving of a mercy instruction results in a decision based upon whim and caprice. 1999In Saffle v. Parks, 494 U.S. 484, 492-93 , 110 S.Ct. 1257, 1262-63 , 108 L.Ed.2d 415, 427-28 (1990), the U.S. Supreme Court stated that the giving of a mercy instruction results in a decision based upon whim and caprice.	11	27
Doss v. Stategreen miss · 1997 · cited in 7 Mississippi opinions naming this issue, 1997–2005 2 sentences 2005See Doss v. State, 709 So.2d 369, 394 (Miss.1996) (quoting Ladner v. State, 584 So.2d 743, 761 (Miss.1991)) ("This Court has explicitly held that a `defendant has no right to a mercy instruction.'"). 2003See Doss v. State, 709 So. 2d 369, 394 (Miss. 1996) (quoting Ladner v. State, 584 So. 2d 743, 761 (Miss. 1991)) (“This Court has explicitly held that a ‘defendant has no right to a mercy instruction.’”).	7	7
Howell v. Stategreen miss · 2003 · cited in 6 Mississippi opinions naming this issue, 1997–2014 2 sentences 2010See also id. at 759 (“This Court has repeatedly held that ‘capital defendants are not entitled to a mercy instruction.’ Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998).... ‘The United States Supreme Court has held that giving a jury instruction allowing consideration of sympathy or mercy could induce a jury to base its sentencing decision upon emotion, whim, and caprice instead of upon the evidence presented at trial.’ Id. .... ”). 19 Therefore, the trial court did not err in denying instruction DA-61. ¶ 129. 2007See also id. at 759 (“This Court has repeatedly held that ‘capital defendants are not entitled to a mercy instruction.’ Jordan v. State, 728 So. 2d 1088, 1099 (Miss. 1998) . . . . ‘The United States Supreme Court has held that giving a jury instruction allowing consideration of sympathy or mercy could 69 induce a jury to base its sentencing decision upon emotion, whim, and caprice instead of upon the evidence presented at trial.’ Id. . . . .”).19 Therefore, the trial court did not err in denying instruction DA-61. ¶129.	6	6
Goodin v. Stategreen miss · 2001 · cited in 7 Mississippi opinions naming this issue, 2001–2016 2 sentences 2016Instruction D-18 also was refused as a mercy instruction pursuant to Goodin v. State, 787 So.2d 639 (Miss.2001). ¶ 81. 2015Instruction D-18 also was refused as a mercy instruction pursuant to Goodin v. State, 787 So. 2d 639 (Miss. 2001). ¶81.	5	7
Thorson v. Stategreen miss · 2004 · cited in 5 Mississippi opinions naming this issue, 2000–2018 2 sentences 2018Ambrose recognizes that the Court previously has rejected the same argument he advances under the present assignment of error in Batiste . 20 See Batiste , 121 So.3d at 867 (¶ 157) (reaffirming that capital defendants are not entitled to a mercy instruction); see also Thorson , 895 So.2d at 108 (¶ 51) (holding that an instruction that was nothing more than a mercy instruction was refused properly by the trial court). 2015See Galloway v. State, 122 So.3d 614, 656 (Miss.2013); Thorson v. State, 895 So.2d 85, 108 (Miss.2004); Ballenger, 667 So.2d 1242, 1265 (Miss.1995); Foster v. State, 639 So.2d 1263, 1300 (Miss.1994). “[C]apital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citations omitted).	5	5
Holland v. Stategreen miss · 1997 · cited in 5 Mississippi opinions naming this issue, 1997–2008 2 sentences 1999Like a mercy instruction, it results in a verdict based on "whim and caprice." Holland v. State, 705 So.2d 307, 351-52 (Miss.1997); Lester v. State, 692 So.2d 755, 798 (Miss. 1997); Jackson v. State, 684 So.2d 1213, 1239 (Miss.1996); Walker v. State, 671 So.2d 581, 612-13 (Miss.1995); Ballenger v. State, 667 So.2d 1242, 1264-65 (Miss. 1995); Mack v. State, 650 So.2d 1289, 1330-31 (Miss.1994); Willie v. State, 585 So.2d 660, 677 (Miss.1991); Ladner v. State, 584 So.2d 743, 759-62 (Miss.1991). 1997Like a mercy instruction, it results in a verdict based on "whim and caprice." Holland v. State, 705 So. 2d 307, 351-52 (Miss. 1997); Lester v. State, 692 So. 2d 755, 798 (Miss. 1997); Jackson v. State, 684 So. 2d 1213, 1239 (Miss. 1996); Walker v. State, 671 So. 2d 581, 612-13 (Miss. 1995); Ballenger v. State, 667 So. 2d 1242, 1264-65 (Miss. 1995); Mack v. State, 650 So. 2d 1289 , 1330- 31 (Miss. 1994); Willie v. State, 585 So. 2d 660, 677 (Miss. 1991); Ladner v. State, 584 So. 2d 743, 759-62 (Miss. 1991).	5	5
Cabello v. Stategreen miss · 1985 · cited in 5 Mississippi opinions naming this issue, 1987–1994 2 sentences 1994Shell v. State, 554 So.2d 887, 905 (Miss. 1989) (Citing Williams v. State, 544 So.2d 782, 788 (Miss. 1987), rev'd on other grounds, 498 U.S. 1 , 111 S.Ct. 313 , 112 L.Ed.2d 1 (1990); Nixon v. State, 533 So.2d 1078 at 1100 (Miss. 1987); Cabello v. State, 471 So.2d 332, 348 (Miss. 1985). 1991Shell v. State, 554 So.2d 887, 905 (Miss. 1989) (citing Williams v. State, 544 So.2d 782, 788 (Miss. 1987)), rev'd on other grounds, ___ U.S. ___, 111 S.Ct. 313 , 112 L.Ed.2d 1 (1990); Nixon, 533 So.2d at 1100 ; Cabello v. State, 471 So.2d 332, 348 (Miss. 1985).	5	5
Chamberlin v. Stategreen miss · 2008 · cited in 5 Mississippi opinions naming this issue, 2009–2022 2 sentences 2022This Court repeatedly has held that “capital defendants are not entitled to a mercy instruction,” id at 518-19 (internal quotation marks omitted) (quoting Chamberlin v. State, 989 So. 2d 320 , 342 (Miss. 2008)), so as “to avoid the potential arbitrariness of an emotional decision encouraged by a mercy instruction.” Id. at 518-19. 2014Keller’s argument that a mercy instruction is required was rejected outright by the Court in Chamberlin v. State, 989 So.2d 320, 342-43 (Miss.2008).	4	5
Ballenger v. Stategreen miss · 1995 · cited in 4 Mississippi opinions naming this issue, 1997–2015 2 sentences 2015See Galloway v. State, 122 So. 3d 614, 656 (Miss. 2013); Thorson v. State, 895 So. 2d 85, 108 (Miss. 2004); Ballenger, 667 So. 2d 1242, 1265 (Miss. 1995); Foster v. State, 639 So. 2d 1263, 1300 (Miss. 1994). “[C]apital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So. 2d 1088, 1099 (Miss. 1998) (citations omitted). 2015See Galloway v. State, 122 So.3d 614, 656 (Miss.2013); Thorson v. State, 895 So.2d 85, 108 (Miss.2004); Ballenger, 667 So.2d 1242, 1265 (Miss.1995); Foster v. State, 639 So.2d 1263, 1300 (Miss.1994). “[C]apital defendants are not entitled to a mercy instruction.” Jordan v. State, 728 So.2d 1088, 1099 (Miss.1998) (citations omitted).	4	4
Wiley v. Stategreen miss · 1986 · cited in 5 Mississippi opinions naming this issue, 1993–1998 2 sentences 1998In support of his entitlement to a mercy instruction, he quotes the following passage from Wiley v. State, 484 So.2d 339, 349 (Miss.1986), in which the Court stated that giving a mercy instruction "[W]ould further refine and direct the jury's discretion in sentencing between those cases in which the death penalty is given and those in which it is not." However, Bell apparently overlooks the Court's statement in the same sentence from which he quotes that "this Court has held that no reversible error is committed in refusing a mercy instruction...." Id. 1998In support of his entitlement to a mercy instruction, he quotes the following passage from Wiley v. State, 484 So.2d 339, 349 (Miss.1986), in which the Court stated that giving a mercy instruction "[W]ould further refine and direct the jury's discretion in sentencing between those cases in which the death penalty is given and those in which it is not." However, Bell apparently overlooks the Court's statement in the same sentence from which he quotes that "this Court has held that no reversible error is committed in refusing a mercy instruction...." Id.	3	5
Wiley v. Stategreen miss · 1999 · cited in 3 Mississippi opinions naming this issue, 2006–2008 2 sentences 2008See also Ross, 954 So.2d at 1012 (holding there was no error in refusing the defendant's proposed instruction specifically citing mercy or sympathy as a mitigator since "a capital defendant is not entitled to a sympathy instruction, because, like a mercy instruction, it could result in a verdict based on whim and caprice"); King v. State, 784 So.2d 884, 890 (Miss.2001) ("neither side is entitled to a jury instruction regarding mercy or deterrence"); Wiley v. State, 750 So.2d 1193, 1204 (Miss.1999) ("[T]he State must not cut off full and fair consideration of mitigating evidence; but it need no 2008See also Ross, 954 So.2d at 1012 (holding there was no error in refusing the defendant’s proposed instruction specifically citing mercy or sympathy as a mitigator since “a capital defendant is not entitled to a sympathy instruction, because, like a mercy instruction, it could result in a verdict based on whim and caprice”); King v. State, 784 So.2d 884, 890 (Miss.2001) (“neither side is entitled to a jury instruction regarding mercy or deterrence”); Wiley v. State, 750 So.2d 1193, 1204 (Miss.1999) (“[T]he State must not cut off full and fair consideration of mitigating evidence; but it need no	3	3
Ross v. Stategreen miss · 2007 · cited in 3 Mississippi opinions naming this issue, 2006–2008 2 sentences 2008See also Ross, 954 So.2d at 1012 (holding there was no error in refusing the defendant's proposed instruction specifically citing mercy or sympathy as a mitigator since "a capital defendant is not entitled to a sympathy instruction, because, like a mercy instruction, it could result in a verdict based on whim and caprice"); King v. State, 784 So.2d 884, 890 (Miss.2001) ("neither side is entitled to a jury instruction regarding mercy or deterrence"); Wiley v. State, 750 So.2d 1193, 1204 (Miss.1999) ("[T]he State must not cut off full and fair consideration of mitigating evidence; but it need no 2008See also Ross, 954 So.2d at 1012 (holding there was no error in refusing the defendant’s proposed instruction specifically citing mercy or sympathy as a mitigator since “a capital defendant is not entitled to a sympathy instruction, because, like a mercy instruction, it could result in a verdict based on whim and caprice”); King v. State, 784 So.2d 884, 890 (Miss.2001) (“neither side is entitled to a jury instruction regarding mercy or deterrence”); Wiley v. State, 750 So.2d 1193, 1204 (Miss.1999) (“[T]he State must not cut off full and fair consideration of mitigating evidence; but it need no	3	3
King v. Stategreen miss · 2001 · cited in 3 Mississippi opinions naming this issue, 2006–2008 2 sentences 2008See also Ross, 954 So.2d at 1012 (holding there was no error in refusing the defendant's proposed instruction specifically citing mercy or sympathy as a mitigator since "a capital defendant is not entitled to a sympathy instruction, because, like a mercy instruction, it could result in a verdict based on whim and caprice"); King v. State, 784 So.2d 884, 890 (Miss.2001) ("neither side is entitled to a jury instruction regarding mercy or deterrence"); Wiley v. State, 750 So.2d 1193, 1204 (Miss.1999) ("[T]he State must not cut off full and fair consideration of mitigating evidence; but it need no 2008See also Ross, 954 So.2d at 1012 (holding there was no error in refusing the defendant’s proposed instruction specifically citing mercy or sympathy as a mitigator since “a capital defendant is not entitled to a sympathy instruction, because, like a mercy instruction, it could result in a verdict based on whim and caprice”); King v. State, 784 So.2d 884, 890 (Miss.2001) (“neither side is entitled to a jury instruction regarding mercy or deterrence”); Wiley v. State, 750 So.2d 1193, 1204 (Miss.1999) (“[T]he State must not cut off full and fair consideration of mitigating evidence; but it need no	3	3
Manning v. Stategreen miss · 1998 · cited in 3 Mississippi opinions naming this issue, 2006–2008 2 sentences 2008Additionally, the requested instruction D-10 states that "even if you conclude that death is an appropriate sentence based on your consideration of mitigating and aggravating circumstances, you may still show mercy and sentence Ms. Chamberlin to life in prison." This Court has found that "a defendant is not entitled to an instruction that the jury may return a life sentence even if the aggravating circumstances outweigh the mitigating circumstances or if they do not find any mitigating circumstances." King v. State, 960 So.2d 413 , 442 (Miss.2007) (citing Holland v. State, 705 So.2d 307, 354 ( 2008Additionally, the requested instruction D-10 states that “even if you conclude that death is an appropriate sentence based on your consideration of mitigating and aggravating circumstances, you may still show mercy and sentence Ms. Chamberlin to life in prison.” This Court has found that “a defendant is not entitled to an instruction that the jury may return a life sentence even if the aggravating circumstances outweigh the mitigating circumstances or if they do not find any mitigating circumstances.” King v. State, 960 So.2d 413, 442 (Miss.2007) (citing Holland v. State, 705 So.2d 307, 354 (M	3	3
Edwards v. Stategreen miss · 1999 · cited in 3 Mississippi opinions naming this issue, 2002–2004 2 sentences 2004See also Edwards v. State, 737 So.2d 275, 317 (Miss.1999); Doss v. State, 709 So.2d 369, 394 (Miss.1996); Foster v. State, 639 So.2d 1263, 1300-01 (Miss.1994). 2004See also Edwards v. State, 737 So.2d 275, 317 (Miss.1999); Doss v. State, 709 So.2d 369, 394 (Miss.1996); Foster v. State, 639 So.2d 1263, 1300-01 (Miss.1994).	3	3
King v. Stategreen miss · 2007 · cited in 3 Mississippi opinions naming this issue, 2006–2008 2 sentences 2008Additionally, the requested instruction D-10 states that "even if you conclude that death is an appropriate sentence based on your consideration of mitigating and aggravating circumstances, you may still show mercy and sentence Ms. Chamberlin to life in prison." This Court has found that "a defendant is not entitled to an instruction that the jury may return a life sentence even if the aggravating circumstances outweigh the mitigating circumstances or if they do not find any mitigating circumstances." King v. State, 960 So.2d 413 , 442 (Miss.2007) (citing Holland v. State, 705 So.2d 307, 354 ( 2008Additionally, the requested instruction D-10 states that “even if you conclude that death is an appropriate sentence based on your consideration of mitigating and aggravating circumstances, you may still show mercy and sentence Ms. Chamberlin to life in prison.” This Court has found that “a defendant is not entitled to an instruction that the jury may return a life sentence even if the aggravating circumstances outweigh the mitigating circumstances or if they do not find any mitigating circumstances.” King v. State, 960 So.2d 413, 442 (Miss.2007) (citing Holland v. State, 705 So.2d 307, 354 (M	2	3
Shell v. Stategreen miss · 1989 · cited in 3 Mississippi opinions naming this issue, 1991–1994	2	3
Corrothers v. Stategreen miss · 2014 · cited in 2 Mississippi opinions naming this issue, 2015–2016	2	2
Galloway v. Stategreen · 2013 · cited in 2 Mississippi opinions naming this issue, 2015–2015	2	2
Johnson v. Texasgreen scotus · 1993 · cited in 2 Mississippi opinions naming this issue, 1997–1999	2	2
Davis v. Stategreen miss · 1996 · cited in 2 Mississippi opinions naming this issue, 1995–1999	2	2
Walker v. Stategreen miss · 1995 · cited in 2 Mississippi opinions naming this issue, 1997–1999	2	2
Willie v. Stategreen miss · 1991 · cited in 2 Mississippi opinions naming this issue, 1997–1999	2	2
Jackson v. Stategreen miss · 1996 · cited in 2 Mississippi opinions naming this issue, 1993–1997	2	2
Johnson v. Stategreen miss · 1985 · cited in 2 Mississippi opinions naming this issue, 1986–1987	2	2
MacK v. Stategreen miss · 1994 · cited in 2 Mississippi opinions naming this issue, 1997–1999	1	2
Batiste v. Stategreen miss · 2013 · cited in 1 Mississippi opinions naming this issue, 2018–2018	1	1
Leatherwood v. Stategreen miss · 1983 · cited in 1 Mississippi opinions naming this issue, 1989–1989	1	1
Olen v. Purduegreen scotus · 1986 · cited in 1 Mississippi opinions naming this issue, 1987–1987	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
Kansas v. Marsh green scotus · 2006 2 sentences 2014According to Keller, the trial court, in rejecting D SP-7, ran afoul of what he argues is a mercy instruction required by Kansas v. Marsh, 548 U.S. 163 , 126 S.Ct. 2516 , 165 L.Ed.2d 429 (2006). ¶ 150. 2014According to Keller, the trial court, in rejecting D SP-7, ran afoul of what he argues is a mercy instruction required by Kansas v. Marsh, 548 U.S. 163 , 126 S.Ct. 2516 , 165 L.Ed.2d 429 (2006). ¶ 150.	9	2006–2014
Blystone v. Pennsylvania green scotus · 1990 2 sentences 2010Rather, the Marsh Court held that “the States enjoy a constitutionally permissible range of discretion in imposing the death penalty.” Marsh, 126 S.Ct. at 2525 (quoting Blystone v. Pennsylvania, 494 U.S. 299, 308 , 110 S.Ct. 1078 , 108 L.Ed.2d 255 (1990)) (internal quotations omitted). “[T]he States are free to determine the manner in which a jury may consider mitigating evidence,” i.e., whether the evidence should be viewed through the lens of mercy. 2010Rather, the Marsh Court held that “the States enjoy a constitutionally permissible range of discretion in imposing the death penalty.” Marsh, 126 S.Ct. at 2525 (quoting Blystone v. Pennsylvania, 494 U.S. 299, 308 , 110 S.Ct. 1078 , 108 L.Ed.2d 255 (1990)) (internal quotations omitted). “[T]he States are free to determine the manner in which a jury may consider mitigating evidence,” i.e., whether the evidence should be viewed through the lens of mercy.	5	2006–2010
Weatherspoon v. State green miss · 1999 2 sentences 2008Additionally, the requested instruction D-10 states that "even if you conclude that death is an appropriate sentence based on your consideration of mitigating and aggravating circumstances, you may still show mercy and sentence Ms. Chamberlin to life in prison." This Court has found that "a defendant is not entitled to an instruction that the jury may return a life sentence even if the aggravating circumstances outweigh the mitigating circumstances or if they do not find any mitigating circumstances." King v. State, 960 So.2d 413 , 442 (Miss.2007) (citing Holland v. State, 705 So.2d 307, 354 ( 2008Additionally, the requested instruction D-10 states that “even if you conclude that death is an appropriate sentence based on your consideration of mitigating and aggravating circumstances, you may still show mercy and sentence Ms. Chamberlin to life in prison.” This Court has found that “a defendant is not entitled to an instruction that the jury may return a life sentence even if the aggravating circumstances outweigh the mitigating circumstances or if they do not find any mitigating circumstances.” King v. State, 960 So.2d 413, 442 (Miss.2007) (citing Holland v. State, 705 So.2d 307, 354 (M	3	2006–2008
Simmons v. State green miss · 2001	2	2015–2016
Shell v. Mississippi green scotus · 1990	2	1991–1994
Wiley v. Mississippi red scotus · 1986	1	1994–1994
State v. Harley red sc · 1917	1	1994–1994
Williams v. State green miss · 1984	1	1986–1986

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-19-101 (62) MS § Miss. Code Ann. § 97-3-19 (50) MS § Miss. Code Ann. § 99-19-105 (49) MS § Miss. Code Ann. § 97-3-79 (15) MS § Miss. Code Ann. § 99-19-103 (12) MS § Miss. Code Ann. § 97-3-35 (11) MS § Miss. Code Ann. § 97-3-27 (9) MS § Miss. Code Ann. § 97-5-39 (8) MS § Miss. Code Ann. § 97-3-53 (7) MS § Miss. Code Ann. § 13-5-1 (6) MS § Miss. Code Ann. § 97-3-73 (6) MS § Miss. Code Ann. § 99-17-20 (5)

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 71 (1986–2022) NY 13 (2008–2026) IL 8 (1991–2018) AL 7 (1999–2010) FL 3 (2018–2020) IA 3 (2016–2025) MD 3 (1994–2020) OH 3 (2011–2025) CA 3 (2003–2020) KS 2 (2012–2016) MO 2 (1915–2023) TN 2 (1994–1998) PA 2 (2002–2023) WI 2 (1996–2021)

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.

← Caselaw search · G Cite Topics · Brief Check