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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.
| Case | Followed | Cited |
|---|---|---|
Lester v. Stategreen2 sentences2010“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. | 1 | 3 |
Blystone v. Pennsylvaniagreen2 sentences2004He 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. | 1 | 3 |
Jackson v. Stategreen1 sentence1993Blystone 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). | 1 | 1 |
Taylor v. Stategreen1 sentence1993Blystone 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). | 1 | 1 |
Hall v. Stategreen1 sentence1990See 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). | 1 | 1 |
Mitchell v. Statered1 sentence1990See 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). | 1 | 1 |
Leatherwood v. Stategreen1 sentence1990See 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). | 1 | 1 |
Cummins v. Stategreen1 sentence1990See 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). | 1 | 1 |
Kirkland v. Stategreen1 sentence1990See 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). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Berry v. State
green
2 sentences2010“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. | 2 | 2007–2010 |
Penry v. Johnson
green
2 sentences2004He 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. | 2 | 1992–2004 |
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.