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

9 Mississippi opinions name it 2 courts 1980–2017 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 (8)

CaseFollowedCited
MacK v. Stategreen
miss · 1985 · cited in 3 Mississippi opinions naming this issue, 2000–2003
2 sentences

2003See Mack v. State, 481 So.2d 793, 795 (Miss.1985) .

2003See Mack v. State, 481 So.2d 793, 795 (Miss.1985).

33
Mease v. Stategreen
miss · 1989 · cited in 3 Mississippi opinions naming this issue, 1990–1996
2 sentences

1996Mease v. State, 539 So.2d 1324, 1329-30 (Miss. 1989).

1992Mease v. State, 539 So. 2d 1324, 1329-30 (Miss. 1989).

33
Jenkins v. Stategreen
missctapp · 1999 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017Jenkins, 757 So. 2d at 1009 (¶20); see also Givens v. State, 618 So. 2d 1313, 1319 (Miss. 1993) (finding that a defendant was not entitled to a circumstantial-evidence instruction in view of direct eyewitness testimony of a police officer who saw the defendant throw away a bag that contained contraband). ¶10.

11
Givens v. Stategreen
miss · 1993 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017Jenkins, 757 So. 2d at 1009 (¶20); see also Givens v. State, 618 So. 2d 1313, 1319 (Miss. 1993) (finding that a defendant was not entitled to a circumstantial-evidence instruction in view of direct eyewitness testimony of a police officer who saw the defendant throw away a bag that contained contraband). ¶10.

11
Swanier v. Stategreen
miss · 1985 · cited in 1 Mississippi opinions naming this issue, 1990–1990
1 sentence

1990Mease v. State, 539 So.2d 1324, 1329-30 (Miss. 1989); cf. Swanier v. State, 473 So.2d 180, 188 (Miss. 1985) ("where the evidence does not warrant a manslaughter instruction, one should not be given").

11
Leatherwood v. Stategreen
miss · 1983 · cited in 1 Mississippi opinions naming this issue, 1990–1990
1 sentence

1990Defense counsel found ineffective because he failed to present any mitigation evidence, and there was a reasonable probability that the balance of aggravating and mitigating factors would have been different and a life sentence returned; Davis, 512 So.2d 1291 at 1293 (Miss. 1987) ("Mississippi allows `evidence of mitigating circumstance of an unlimited nature.'") quoting Leatherwood v. State, 435 So.2d 645, 650 (Miss. 1983).

11
Davis v. Stategreen
miss · 1987 · cited in 1 Mississippi opinions naming this issue, 1990–1990
1 sentence

1990Defense counsel found ineffective because he failed to present any mitigation evidence, and there was a reasonable probability that the balance of aggravating and mitigating factors would have been different and a life sentence returned; Davis, 512 So.2d 1291 at 1293 (Miss. 1987) ("Mississippi allows `evidence of mitigating circumstance of an unlimited nature.'") quoting Leatherwood v. State, 435 So.2d 645, 650 (Miss. 1983).

11
United States v. Manuel Ricardo Garcia and Niceforo Gutierrez-Saenzgreen
ca5 · 1976 · cited in 1 Mississippi opinions naming this issue, 1980–1980
1 sentence

1980United States v. Garcia, 530 F.2d 650, 656 (5th Cir.1976), citing Upham v. United States, 328 F.2d 661 (5th Cir.1964). ( 586 F.2d at 1058 ).

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 (5)

CaseCitedYears
Manuel v. State green
miss · 1995
1 sentence

2000The one case that is directly on point is Manuel v. State, 667 So.2d 590 (Miss.1995).

12000–2000
State v. Tokman green
miss · 1990
1 sentence

1990Turner, supra, at 674 , Cf. Tokman, 564 So.2d 1339 (Miss. 1990) (characterizing as critical the need for defense counsel to present mitigation evidence at capital proceedings.

11990–1990
Turner v. State green
miss · 1990
1 sentence

1990Turner, supra, at 674 , Cf. Tokman, 564 So.2d 1339 (Miss. 1990) (characterizing as critical the need for defense counsel to present mitigation evidence at capital proceedings.

11990–1990
Henry Herman Upham v. United States neutral
ca5 · 1964
1 sentence

1980United States v. Garcia, 530 F.2d 650, 656 (5th Cir.1976), citing Upham v. United States, 328 F.2d 661 (5th Cir.1964). ( 586 F.2d at 1058 ).

11980–1980
United States v. Robert Luther Barnes green
ca5 · 1978
2 sentences

1980In United States v. Barnes, 586 F.2d 1052 (5th Cir.1978), the trial court's failure to instruct the jury that evidence of the defendant's prior drug transactions could be used only to show his state of mind rather *248 than to show that he was of bad character came under review, and the court held, in part: Plain error appears only when the impeaching testimony is extremely damaging, the need for the instruction is obvious, and the failure to give it is so prejudicial as to affect the substantial rights of the accused.

1980United States v. Garcia, 530 F.2d 650, 656 (5th Cir.1976), citing Upham v. United States, 328 F.2d 661 (5th Cir.1964). ( 586 F.2d at 1058 ).

11980–1980

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-19-105 (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

NY 128 (1919–2026) CA 103 (1953–2025) TX 87 (1978–2025) IL 67 (1955–2025) OH 50 (1988–2026) LA 49 (1956–2023) NJ 49 (1960–2026) FL 45 (1973–2019) PA 43 (1951–2024) CT 35 (1973–2024) MI 30 (1970–2025) DC 29 (1978–2024) MA 29 (1895–2025) IN 24 (1976–2020) OR 23 (1985–2025) WA 22 (1944–2025) MO 21 (1982–2024) CO 21 (1984–2025) MD 19 (1988–2024) IA 19 (1960–2025) WI 18 (1975–2023) TN 16 (1978–2024) NM 15 (1980–2023) NC 14 (1982–2025) DE 13 (1990–2025) AZ 13 (1968–2024) KS 12 (1980–2025) ID 11 (1972–2021) MS 9 (1980–2017) WV 9 (1975–2017) VA 9 (1967–2013) AK 9 (1982–2025) NH 9 (1979–2018) AL 9 (1994–2016) GA 9 (1925–2025) RI 8 (1979–2010) SC 8 (2007–2011) ME 8 (1978–2025) MN 7 (1966–2024) UT 7 (1995–2022) KY 7 (1985–2025) HI 6 (2000–2020) WY 6 (1966–2006) VT 5 (1991–2018) OK 5 (1988–2023) NE 4 (1998–2022) NV 4 (2016–2017) MT 4 (1989–2015) AR 4 (1982–2020) SD 2 (2005–2025) ND 2 (1979–1983)

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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