8 Mississippi opinions name it 2 courts 1978–2016 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 |
|---|---|---|
Morgan v. Stategreen2 sentences2002In Morgan v. State, 741 So.2d 246, 254 (Miss.1999), this Court has held that "[w]here an accused, on direct examination, seeks to exculpate himself, such testimony is subject to normal impeachment via cross-examination, and this is so even though it would bring out that the accused may have committed another crime." Stewart v. State, 596 So.2d 851, 853 (Miss. 1992). "[T]he prosecution's impeachment privilege may not exceed the invitation extended." Id. at 853 . ś 59. 1999In Morgan v. State, 741 So.2d 246, 254 (Miss. 1999), this Court has held that "[w]here an accused, on direct examination, seeks to exculpate himself, such testimony is subject to normal impeachment via cross-examination, and this is so even though it would bring out that the accused may have committed another crime." Stewart v. State, 596 So.2d 851, 853 (Miss.1992). "[T]he prosecution's impeachment privilege may not exceed the invitation extended." Id. at 853 . ¶59. | 2 | 2 |
Stewart v. Stategreen2 sentences2002In Morgan v. State, 741 So.2d 246, 254 (Miss.1999), this Court has held that "[w]here an accused, on direct examination, seeks to exculpate himself, such testimony is subject to normal impeachment via cross-examination, and this is so even though it would bring out that the accused may have committed another crime." Stewart v. State, 596 So.2d 851, 853 (Miss. 1992). "[T]he prosecution's impeachment privilege may not exceed the invitation extended." Id. at 853 . ś 59. 2002In Morgan v. State, 741 So.2d 246, 254 (Miss.1999), this Court has held that "[w]here an accused, on direct examination, seeks to exculpate himself, such testimony is subject to normal impeachment via cross-examination, and this is so even though it would bring out that the accused may have committed another crime." Stewart v. State, 596 So.2d 851, 853 (Miss. 1992). "[T]he prosecution's impeachment privilege may not exceed the invitation extended." Id. at 853 . ś 59. | 2 | 2 |
Hall v. Stategreen2 sentences2016In Hall v. State, this Court reversed and remanded a case because an accomplice’s testimony “describing the appearance and characteristics of [the victim] was relevant to the determination of who committed the robbery” and the accomplice “should have been permitted to testify in the presence of the jury and either answer those relevant questions or claim his Fifth Amendment rights.” Hall v. State, 490 So. 2d 858, 859 (Miss. 1986). 2016In Hall v. State, this Court reversed and remanded a case because an accomplice’s testimony “describing the appearance and characteristics of [the victim] was relevant to the determination of who committed the robbery” and the accomplice “should have been permitted to testify in the presence of the jury and either answer those relevant questions or claim his Fifth Amendment rights.” Hall v. State, 490 So.2d 858, 859 (Miss. 1986). | 1 | 1 |
Pittman v. Stategreen1 sentence2013See e.g., Pittman v. State, 42 So.3d 556, 560 (¶ 12) (Miss.Ct.App.2009) (mistrial not warranted when defense’s actions led to allegedly improper admission of evidence of prior bad acts, and defense counsel declined to have the court provide a corrective instruction); Saunders v. State, 733 So.2d 325, 331 (¶28) (Miss.Ct.App.1998) (mistrial not warranted when defense opened the door to prior bad acts by asking about defendant’s parole eligibility for prior aggravated-assault charge). ¶ 26. | 1 | 1 |
Saunders v. Stategreen1 sentence2013See e.g., Pittman v. State, 42 So.3d 556, 560 (¶ 12) (Miss.Ct.App.2009) (mistrial not warranted when defense’s actions led to allegedly improper admission of evidence of prior bad acts, and defense counsel declined to have the court provide a corrective instruction); Saunders v. State, 733 So.2d 325, 331 (¶28) (Miss.Ct.App.1998) (mistrial not warranted when defense opened the door to prior bad acts by asking about defendant’s parole eligibility for prior aggravated-assault charge). ¶ 26. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stewart v. State
green
2 sentences2016The Court considered that “allowing Brown to be questioned in the presence of the jury may open the door for defense counsel to attempt to impeach Brown by asking questions he knows Brown will refuse to answer and by inference get inadmissible evidence before the jury,” but the Court observed that “the potential for a miscarriage of justice is minimal, particularly in view of the fact that the jury can be instructed not to draw any inferences from the witness’ assertion of his Fifth Amendment privilege.” Id. at 95 . ¶46. 2016The Court considered that “allowing Brown to be questioned in the presence of the jury may open the door for defense counsel to attempt to impeach Brown by asking questions he knows Brown will refuse to answer and by inference get inadmissible evidence before the jury,” but the Court observed that “the potential for a miscarriage of justice is minimal, particularly in view of the fact that the jury can be instructed not to draw any inferences from the witness’ assertion of his Fifth Amendment privilege.” Id. at 95 . ¶46. | 3 | 1995–2016 |
Blake v. Clein
green
2 sentences2005In Blake v. Clein , 903 So.2d 710 (¶ 40) (Miss. 2005), the Mississippi Supreme Court held that a plaintiff opened the door to an inquiry and that "a significant component of plaintiff's claims [were] related to emotional distress and mental anguish" so that reversible error resulted where "the defense was denied an opportunity to legitimately explore the plaintiff's own statements regarding the origin and/or source, cause, and extent of [the plaintiff's] psychological injury, agitation and disturbance." Id. 2005In Blake v. Clein , 903 So.2d 710 (¶ 40) (Miss. 2005), the Mississippi Supreme Court held that a plaintiff opened the door to an inquiry and that "a significant component of plaintiff's claims [were] related to emotional distress and mental anguish" so that reversible error resulted where "the defense was denied an opportunity to legitimately explore the plaintiff's own statements regarding the origin and/or source, cause, and extent of [the plaintiff's] psychological injury, agitation and disturbance." Id. | 1 | 2005–2005 |
United States v. Emanuel Johnson
green
1 sentence1978However, we are of the opinion that the potential for a miscarriage of justice is minimal, particularly in view of the fact that the jury can be instructed not to draw any inferences from the witness' assertion of his Fifth Amendment privilege. *96 See United States v. Johnson, supra . | 1 | 1978–1978 |
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.