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9 Mississippi opinions name it 1 courts 1995–2008 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.
| Case | Followed | Cited |
|---|---|---|
Holland v. Stategreen2 sentences2008Additionally, 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 | 5 | 5 |
Wiley v. Stategreen2 sentences2008See 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. Stategreen2 sentences2008See 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. Stategreen2 sentences2008See 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 |
Goodin v. Stategreen2 sentences2008Additionally, 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 |
Manning v. Stategreen2 sentences2008Additionally, 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 |
Foster v. Stategreen2 sentences2008Additionally, 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 |
Hansen v. Stategreen2 sentences2008Additionally, 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 |
King v. Stategreen2 sentences2008Additionally, 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 |
Howell v. Stategreen2 sentences2007See, e.g., Howell v. State, 860 So.2d 704, 759 (Miss.2003). e. Proposed sentencing instruction Number 13 — weighing of aggravating and mitigating circumstances. ¶ 113. 1997See, e.g., Howell v. State, 860 So. 2d 704, 759 (Miss. 2003). e. Proposed sentencing instruction Number 13 – weighing of aggravating and mitigating circumstances. ¶113. | 2 | 2 |
Ballenger v. Stategreen2 sentences1999Like 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). | 2 | 2 |
Lester v. Stategreen2 sentences1999Like 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). | 2 | 2 |
Jenkins v. Stategreen2 sentences1999See Jenkins, 607 So.2d at 1181 . 1995See Jenkins, 607 So.2d at 1181 . | 2 | 2 |
Jackson v. Stategreen2 sentences1999Like 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). | 2 | 2 |
Walker v. Stategreen2 sentences1999Like 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). | 2 | 2 |
Willie v. Stategreen2 sentences1999Like 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). | 2 | 2 |
Ladner v. Stategreen2 sentences1999Like 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). | 2 | 2 |
MacK v. Stategreen2 sentences1999Like 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). | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Weatherspoon v. State
green
2 sentences2008Additionally, 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 |
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.
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.