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10 Mississippi opinions name it 2 courts 1984–2024 2 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.
| Case | Followed | Cited |
|---|---|---|
Collins v. Stategreen1 sentence2020See Collins v. 2 Section 97-3-15(4) provides, “A person who is not the initial aggressor and is not engaged in unlawful activity shall have no duty to retreat before using deadly force under subsection (1)(e) or (f) of this section if the person is in a place where the person has a right to be, and no finder of fact shall be permitted to consider the person’s failure to retreat as evidence that the person’s use of force was unnecessary, excessive or unreasonable.” 7 State, 594 So. 2d 29, 35 (Miss. 1992) (claim of lack of jury instruction fails, among other reasons, if the defendant does not pr | 1 | 1 |
Neal v. Stategreen1 sentence2020See Collins v. 2 Section 97-3-15(4) provides, “A person who is not the initial aggressor and is not engaged in unlawful activity shall have no duty to retreat before using deadly force under subsection (1)(e) or (f) of this section if the person is in a place where the person has a right to be, and no finder of fact shall be permitted to consider the person’s failure to retreat as evidence that the person’s use of force was unnecessary, excessive or unreasonable.” 7 State, 594 So. 2d 29, 35 (Miss. 1992) (claim of lack of jury instruction fails, among other reasons, if the defendant does not pr | 1 | 1 |
Watkins v. Stategreen1 sentence2017It is axiomatic that jury instructions are entrusted to the sound discretion of the trial court, and that “[w]hen read together, if the jury instructions state the law of the case and create no injustice, then no reversible error will be found.” Watkins, 101 So.3d at 635 (¶ 22) (citations omitted). | 1 | 1 |
People v. Halvorsengreen2 sentences2013The California Supreme Court has stated that “[u]neonsciousness, if not induced by voluntary intoxication, is a complete defense to a criminal charge.” People v. Halvorsen, 42 Cal.4th 379 , 64 Cal.Rptr.3d 721 , 165 P.3d 512, 538-39 (2007). 2013The California Supreme Court has stated that “[u]neonsciousness, if not induced by voluntary intoxication, is a complete defense to a criminal charge.” People v. Halvorsen, 42 Cal.4th 379 , 64 Cal.Rptr.3d 721 , 165 P.3d 512, 538-39 (2007). | 1 | 1 |
Flowers v. Stategreen1 sentence2008Id. at 207 , overruled by Flowers v. State, 473 So.2d 164, 165-66 (Miss.1985) (holding that the model jury instruction set out in Robinson was not a proper statement of law). | 1 | 1 |
Newell v. Stategreen1 sentence1984See Newell v. State, 308 So.2d 71, 78 (Miss. 1975), but, it is our considered judgment that we should exercise this power by proscribing such argument altogether. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Furman v. Georgia
green
2 sentences1988The Cartwright court places its holding in the mainstream of Eighth Amendment/death penalty jurisprudence going back to Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972). 1988The Cartwright court places its holding in the mainstream of Eighth Amendment/death penalty jurisprudence going back to Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972). | 2 | 1988–1988 |
Woods v. State
green
1 sentence2024In Woods v. State, 996 So. 2d 100 (Miss. | 1 | 2024–2024 |
Chad Bowman v. State of Mississippi
green
1 sentence2023What is it in this instruction that the State would be agreeable to if certain language was taken out? .... [State]: And just for the record, Judge, because I would like this when they maybe possibly look at this one day. [O]n attempt abandonment of intent to commit a crime, that’s also an affirmative defense that he abandoned . . . . [I]t 13 Bowman v. State, 283 So. 3d 154 (Miss. 2019). 18 says in . . . the model jury instruction, if you find from the evidence beyond a reasonable doubt that the defendant freely and voluntarily abandoned his or her intent to commit a crime. | 1 | 2023–2023 |
Robinson v. State
red
1 sentence2008Id. at 207 , overruled by Flowers v. State, 473 So.2d 164, 165-66 (Miss.1985) (holding that the model jury instruction set out in Robinson was not a proper statement of law). | 1 | 2008–2008 |
United States v. Melvin Telfaire
green
1 sentence1994Its value depends on the opportunity the witness had to observe the offender at the time of the offense and to make a reliable identification later." Telfaire, 469 F.2d at 558 . (emphasis added). | 1 | 1994–1994 |
California v. Ramos
green
2 sentences1984California v. Ramos, ___ U.S. ___, 103 S.Ct. 3446 , 77 L.Ed.2d 1171 (1983), or we have the power to prescribe a model jury instruction covering this subject if we thought it appropriate to do so. 1984California v. Ramos, ___ U.S. ___, 103 S.Ct. 3446 , 77 L.Ed.2d 1171 (1983), or we have the power to prescribe a model jury instruction covering this subject if we thought it appropriate to do so. | 1 | 1984–1984 |
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.