second paragraph instruction (Mississippi) · Go Syfert
← Mississippi issues

second paragraph instruction in Mississippi

9 Mississippi opinions name it 1 courts 1980–2008 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 (2)

CaseFollowedCited
Carter v. Stategreen
miss · 1986 · cited in 2 Mississippi opinions naming this issue, 1992–1996
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1992"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So. 2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So. 2d 678 (Miss. 1973); Blackwell v. State, 257 So. 2d 855 (Miss. 1972); Stewart v. State, 226 So. 2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So. 2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So. 2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So. 2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So. 2d 824 (1955); Tullos v. State, 222 Miss.

22
Denham v. HOLMES EX REL. HOLMESgreen
missctapp · 2010 · cited in 1 Mississippi opinions naming this issue, 2008–2008
1 sentence

2008In the end, we find that Instruction D-4 5 Instruction D-10 was the familiar form-of-the-verdict instruction based on comparative negligence. 6 The Court of Appeals stated, in part, that “[a]s it implied contributory negligence, we find that jury instruction D-4 was a misstatement of the law and was potentially misleading to the jury.” Holmes, 2010 WL 1037494, at *5 (¶23). 11 misstated the law and likely confused and misled the jury, especially in light of Instruction D-10. ¶24.

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 (26)

CaseCitedYears
Clemons v. Mississippi green
scotus · 1990
2 sentences

1996In Shell v. Mississippi, 498 U.S. 1 , 111 S.Ct. 313 , 112 L.Ed.2d 1 (1990), the United States Supreme Court found that used alone, language like that used in the first paragraph of Instruction S-l was not constitutionally sufficient. 3 However, when coupled with the language of the second paragraph of the instruction, describing an especially heinous, atrocious or cruel murder as one which is accompanied by such additional acts as to set the crime apart from the norm of capital offenses — that is, that the crime was conscienceless, pitiless or unnecessarily torturous to the victim[,] such an i

1996In Shell v. Mississippi, 498 U.S. 1 , 111 S.Ct. 313 , 112 L.Ed.2d 1 (1990), the United States Supreme Court found that used alone, language like that used in the first paragraph of Instruction S-l was not constitutionally sufficient. 3 However, when coupled with the language of the second paragraph of the instruction, describing an especially heinous, atrocious or cruel murder as one which is accompanied by such additional acts as to set the crime apart from the norm of capital offenses — that is, that the crime was conscienceless, pitiless or unnecessarily torturous to the victim[,] such an i

51995–1999
Shell v. Mississippi green
scotus · 1990
2 sentences

1999The language used in the second paragraph of the instruction, which describes an especially heinous, atrocious or cruel murder as one which is "accompanied by such additional acts as to set the crime apart from the norm of murders—the conscienceless or pitiless crime which is unnecessarily torturous to the victim," has been found to provide a proper limit on the language condemned in Shell v. Mississippi, 498 U.S. 1 , 111 S.Ct. 313 , 112 L.Ed.2d 1 (1990).

1999The language used in the second paragraph of the instruction, which describes an especially heinous, atrocious or cruel murder as one which is "accompanied by such additional acts as to set the crime apart from the norm of murders—the conscienceless or pitiless crime which is unnecessarily torturous to the victim," has been found to provide a proper limit on the language condemned in Shell v. Mississippi, 498 U.S. 1 , 111 S.Ct. 313 , 112 L.Ed.2d 1 (1990).

41996–1999
Hawthorne v. State green
miss · 1881
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1992"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So. 2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So. 2d 678 (Miss. 1973); Blackwell v. State, 257 So. 2d 855 (Miss. 1972); Stewart v. State, 226 So. 2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So. 2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So. 2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So. 2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So. 2d 824 (1955); Tullos v. State, 222 Miss.

21992–1996
Lamar v. State green
miss · 1885
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1992"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So. 2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So. 2d 678 (Miss. 1973); Blackwell v. State, 257 So. 2d 855 (Miss. 1972); Stewart v. State, 226 So. 2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So. 2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So. 2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So. 2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So. 2d 824 (1955); Tullos v. State, 222 Miss.

21992–1996
Brandon v. State neutral
miss · 1898
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1992"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So. 2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So. 2d 678 (Miss. 1973); Blackwell v. State, 257 So. 2d 855 (Miss. 1972); Stewart v. State, 226 So. 2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So. 2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So. 2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So. 2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So. 2d 824 (1955); Tullos v. State, 222 Miss.

21992–1996
Cumberland v. State neutral
miss · 1915
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

21992–1996
Tullos v. State neutral
miss · 1954
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

21992–1996
Stewart v. State green
miss · 1969
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1992"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So. 2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So. 2d 678 (Miss. 1973); Blackwell v. State, 257 So. 2d 855 (Miss. 1972); Stewart v. State, 226 So. 2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So. 2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So. 2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So. 2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So. 2d 824 (1955); Tullos v. State, 222 Miss.

21992–1996
McDaniel v. State green
· 1847
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1992"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So. 2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So. 2d 678 (Miss. 1973); Blackwell v. State, 257 So. 2d 855 (Miss. 1972); Stewart v. State, 226 So. 2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So. 2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So. 2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So. 2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So. 2d 824 (1955); Tullos v. State, 222 Miss.

21992–1996
Batiste v. State green
· 1933
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

21992–1996
Busby v. State green
· 1936
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

21992–1996
Winchester v. State neutral
· 1932
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

21992–1996
Smith v. State green
· 1949
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

21992–1996
City of Jackson v. Herron green
miss · 1927
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1992"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So. 2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So. 2d 678 (Miss. 1973); Blackwell v. State, 257 So. 2d 855 (Miss. 1972); Stewart v. State, 226 So. 2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So. 2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So. 2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So. 2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So. 2d 824 (1955); Tullos v. State, 222 Miss.

21992–1996
Smith v. State green
· 1931
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

21992–1996
Bridges v. State green
· 1944
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

21992–1996
Walker v. State neutral
· 1927
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1992"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So. 2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So. 2d 678 (Miss. 1973); Blackwell v. State, 257 So. 2d 855 (Miss. 1972); Stewart v. State, 226 So. 2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So. 2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So. 2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So. 2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So. 2d 824 (1955); Tullos v. State, 222 Miss.

21992–1996
Funches v. State green
miss · 1963
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

21992–1996
Hydrick v. State green
miss · 1963
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

21992–1996
Johnson v. State neutral
miss · 1955
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

21992–1996
Hansen v. State green
miss · 1991
2 sentences

1996Finally, in Hansen v. State, 592 So.2d 114 (Miss. 1991), we noted that when considering whether a crime could be considered "especially heinous, atrocious or cruel," barbarity sufficient to satisfy this aggravating circumstance can be demonstrated by showing that the defendant utilized a method of killing which caused serious mutilation, where there is a dismemberment of the corpse, where the defendant inflicted physical or mental pain before death, or where a lingering or tortuous death was suffered by the victim.

1996Finally, in Hansen v. State, 592 So.2d 114 (Miss.1991), we noted that when considering whether a crime could be considered “especially heinous, atrocious or cruel,” barbarity sufficient to satisfy this aggravating circumstance can be demonstrated by showing that the defendant utilized a method of killing which caused serious mutilation, where there is a dismemberment of the corpse, where the defendant inflicted physical or mental pain before death, or where a fingering or tortuous death was suffered by the victim.

21996–1996
Allison v. State green
miss · 1973
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1992"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So. 2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So. 2d 678 (Miss. 1973); Blackwell v. State, 257 So. 2d 855 (Miss. 1972); Stewart v. State, 226 So. 2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So. 2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So. 2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So. 2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So. 2d 824 (1955); Tullos v. State, 222 Miss.

21992–1996
Shields v. State green
miss · 1962
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

21992–1996
Blackwell v. State green
miss · 1972
2 sentences

1996"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So.2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So.2d 678 (Miss. 1973); Blackwell v. State, 257 So.2d 855 (Miss. 1972); Stewart v. State, 226 So.2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So.2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So.2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So.2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So.2d 824 (1955); Tullos v. State, 222 Miss. 90 , 75

1992"Instructions in forms similar to the above have been before the Court for many years and a long line of cases have discussed such instructions." Carter v. State, 493 So. 2d 327, 330 (Miss. 1986) (citing Allison v. State, 274 So. 2d 678 (Miss. 1973); Blackwell v. State, 257 So. 2d 855 (Miss. 1972); Stewart v. State, 226 So. 2d 911 (Miss. 1969); Hydrick v. State, 246 Miss. 448 , 150 So. 2d 423 (1963); Funches v. State, 246 Miss. 214 , 148 So. 2d 710 (1963); Shields v. State, 244 Miss. 543 , 144 So. 2d 786 (1962); Johnson v. State, 223 Miss. 167 , 77 So. 2d 824 (1955); Tullos v. State, 222 Miss.

21992–1996
Brown v. Addington green
miss · 1958
2 sentences

1980Briscoe v. Jones, 233 So.2d 125 (Miss. 1970); Brown v. Addington, 233 Miss. 435 , 102 So.2d 365 (1968).

1980Briscoe v. Jones, 233 So.2d 125 (Miss. 1970); Brown v. Addington, 233 Miss. 435 , 102 So.2d 365 (1968).

11980–1980
Briscoe v. Jones neutral
miss · 1970
1 sentence

1980Briscoe v. Jones, 233 So.2d 125 (Miss. 1970); Brown v. Addington, 233 Miss. 435 , 102 So.2d 365 (1968).

11980–1980

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-19 (5) MS § Miss. Code Ann. § 99-19-101 (5) MS § Miss. Code Ann. § 97-5-39 (3) MS § Miss. Code Ann. § 99-19-105 (3) MS § Miss. Code Ann. § 99-19-81 (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

IL 43 (1944–2025) CA 19 (1947–2022) WA 17 (1937–2020) MO 13 (1886–2007) MS 9 (1980–2008) KS 9 (1903–2021) IN 6 (1969–2020) MA 5 (1937–2025) IA 5 (1938–2002) NY 5 (1943–1974) ID 4 (1932–2023) NE 4 (1948–2006) TX 4 (2008–2018) NV 4 (1940–2014) OH 3 (1990–2026) AR 3 (1925–2014) NJ 2 (1942–1996) UT 2 (1983–1984) OK 2 (1958–2019) VA 2 (1919–1951) OR 2 (1999–2003) MI 2 (1976–1999) FL 2 (1995–2012) MN 2 (2011–2014) CO 2 (1991–1992)

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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