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

8 Mississippi opinions name it 1 courts 1990–2010 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 (9)

CaseFollowedCited
Lester v. Stategreen
miss · 1997 · cited in 3 Mississippi opinions naming this issue, 1996–2010
2 sentences

2010“A catchall instruction is sufficient to encompass non-statutory mitigating factors.” Id. (quoting Lester v. State, 692 So.2d 755, 799 (Miss.1997)). ¶ 125.

1999"A catchall instruction is sufficient to encompass non-statutory mitigating factors." Lester, 692 So.2d at 799 . ¶ 73.

13
Blystone v. Pennsylvaniagreen
scotus · 1990 · cited in 3 Mississippi opinions naming this issue, 1992–2004
2 sentences

2004He recognizes that we considered this issue in Berry II, but argues that its review was flawed because we placed too much reliance on the catchall instruction and should reconsider the catchall in light of Penry v. Johnson, 532 U.S. 782 , 121 S.Ct. 1910 , 150 L.Ed.2d 9 (2001) ( Penry II ); and because we misapplied Blystone v. Pennsylvania 494 U.S. 299 , 110 S.Ct. 1078 , 108 L.Ed.2d 255 (1990), which is distinguishable from the instant case.

2004He recognizes that we considered this issue in Berry II, but argues that its review was flawed because we placed too much reliance on the catchall instruction and should reconsider the catchall in light of Penry v. Johnson, 532 U.S. 782 , 121 S.Ct. 1910 , 150 L.Ed.2d 9 (2001) ( Penry II ); and because we misapplied Blystone v. Pennsylvania 494 U.S. 299 , 110 S.Ct. 1078 , 108 L.Ed.2d 255 (1990), which is distinguishable from the instant case.

13
Jackson v. Stategreen
miss · 1996 · cited in 1 Mississippi opinions naming this issue, 1993–1993
1 sentence

1993Blystone v. Pennsylvania, 494 U.S. 299, 308 (1990); Jackson v. State, 672 So.2d 468, 493 (Miss. 1996); Taylor v. State, 672 So.2d 1246, 1276-77 (Miss. 1996).

11
Taylor v. Stategreen
miss · 1996 · cited in 1 Mississippi opinions naming this issue, 1993–1993
1 sentence

1993Blystone v. Pennsylvania, 494 U.S. 299, 308 (1990); Jackson v. State, 672 So.2d 468, 493 (Miss. 1996); Taylor v. State, 672 So.2d 1246, 1276-77 (Miss. 1996).

11
Hall v. Stategreen
miss · 1989 · cited in 1 Mississippi opinions naming this issue, 1990–1990
1 sentence

1990See Leatherwood v. State, 548 So.2d 389, 400-02 (Miss. 1989); Mitchell v. State, 539 So.2d 1366, 1370-71 (Miss. 1989); Hall v. State, 539 So.2d 1338, 1342-43 (Miss. 1989); Cummins v. State, 515 So.2d 869, 873-75 (Miss. 1987). [12] See Kirkland v. State, 371 So.2d 402, 404 (Miss. 1979).

11
Mitchell v. Statered
miss · 1989 · cited in 1 Mississippi opinions naming this issue, 1990–1990
1 sentence

1990See Leatherwood v. State, 548 So.2d 389, 400-02 (Miss. 1989); Mitchell v. State, 539 So.2d 1366, 1370-71 (Miss. 1989); Hall v. State, 539 So.2d 1338, 1342-43 (Miss. 1989); Cummins v. State, 515 So.2d 869, 873-75 (Miss. 1987). [12] See Kirkland v. State, 371 So.2d 402, 404 (Miss. 1979).

11
Leatherwood v. Stategreen
miss · 1989 · cited in 1 Mississippi opinions naming this issue, 1990–1990
1 sentence

1990See Leatherwood v. State, 548 So.2d 389, 400-02 (Miss. 1989); Mitchell v. State, 539 So.2d 1366, 1370-71 (Miss. 1989); Hall v. State, 539 So.2d 1338, 1342-43 (Miss. 1989); Cummins v. State, 515 So.2d 869, 873-75 (Miss. 1987). [12] See Kirkland v. State, 371 So.2d 402, 404 (Miss. 1979).

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

1990See Leatherwood v. State, 548 So.2d 389, 400-02 (Miss. 1989); Mitchell v. State, 539 So.2d 1366, 1370-71 (Miss. 1989); Hall v. State, 539 So.2d 1338, 1342-43 (Miss. 1989); Cummins v. State, 515 So.2d 869, 873-75 (Miss. 1987). [12] See Kirkland v. State, 371 So.2d 402, 404 (Miss. 1979).

11
Kirkland v. Stategreen
miss · 1979 · cited in 1 Mississippi opinions naming this issue, 1990–1990
1 sentence

1990See Leatherwood v. State, 548 So.2d 389, 400-02 (Miss. 1989); Mitchell v. State, 539 So.2d 1366, 1370-71 (Miss. 1989); Hall v. State, 539 So.2d 1338, 1342-43 (Miss. 1989); Cummins v. State, 515 So.2d 869, 873-75 (Miss. 1987). [12] See Kirkland v. State, 371 So.2d 402, 404 (Miss. 1979).

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 (2)

CaseCitedYears
Berry v. State green
miss · 1997
2 sentences

2010“A catchall instruction is sufficient to encompass non-statutory mitigating factors.” Id. (quoting Lester v. State, 692 So.2d 755, 799 (Miss.1997)). ¶ 125.

2007“A catchall instruction is sufficient to encompass non- statutory mitigating factors.” Id. (quoting Lester v. State, 629 So. 2d 755, 799 (Miss. 1997)). ¶125.

22007–2010
Penry v. Johnson green
scotus · 2001
2 sentences

2004He recognizes that we considered this issue in Berry II, but argues that its review was flawed because we placed too much reliance on the catchall instruction and should reconsider the catchall in light of Penry v. Johnson, 532 U.S. 782 , 121 S.Ct. 1910 , 150 L.Ed.2d 9 (2001) ( Penry II ); and because we misapplied Blystone v. Pennsylvania 494 U.S. 299 , 110 S.Ct. 1078 , 108 L.Ed.2d 255 (1990), which is distinguishable from the instant case.

2004He recognizes that we considered this issue in Berry II, but argues that its review was flawed because we placed too much reliance on the catchall instruction and should reconsider the catchall in light of Penry v. Johnson, 532 U.S. 782 , 121 S.Ct. 1910 , 150 L.Ed.2d 9 (2001) ( Penry II ); and because we misapplied Blystone v. Pennsylvania 494 U.S. 299 , 110 S.Ct. 1078 , 108 L.Ed.2d 255 (1990), which is distinguishable from the instant case.

21992–2004

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-19-101 (6) MS § Miss. Code Ann. § 99-19-105 (6) MS § Miss. Code Ann. § 97-3-19 (5) MS § Miss. Code Ann. § 99-19-103 (4)

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 14 (1991–2026) CA 14 (1986–2025) MN 10 (1947–2016) MS 8 (1990–2010) NM 5 (2005–2024) PA 5 (1996–2021) MD 4 (1973–2008) IL 4 (2007–2019) CT 4 (1988–2001) NC 3 (1999–2008) WY 3 (1986–1993) HI 3 (2003–2005) MI 2 (1989–2015) ME 2 (1998–2008) AZ 2 (1990–2019) AK 2 (2006–2015) MT 2 (2001–2008)

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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