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61 Mississippi opinions name it 2 courts 1919–2025 3 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 |
|---|---|---|
Purina Mills, Inc. v. Moakgreen2 sentences2009Thus, "[i]f other instructions granted adequately instruct the jury, a party may not complain of a refused instruction on appeal." Southland Enters., 838 So.2d at 289 (citing Purina Mills, Inc. v. Moak, 575 So.2d 993, 996 (Miss.1990)). 2009Thus, “[i]f other instructions granted adequately instruct the jury, a party may not complain of a refused instruction on appeal.” Southland Enters., 838 So.2d at 289 (citing Purina Mills, Inc. v. Moak, 575 So.2d 993, 996 (Miss.1990)). | 12 | 12 |
Payne v. Rain Forest Nurseries, Inc.green2 sentences2005If the instructions granted "adequately instruct the jury, a party may not complain of the refused instruction." Turner v. Temple, 602 So.2d 817, 823 (Miss.1992) (citing Purina Mills, Inc. v. Moak, 575 So.2d 993, 996 (Miss. 1990); Payne v. Rain Forest Nurseries, Inc., 540 So.2d 35, 40 (Miss.1989)). 2004If the instructions granted "adequately instruct the jury, a party may not complain of the refused instruction." Turner v. Temple, 602 So.2d 817, 823 (Miss.1992) (citing Purina Mills, Inc. v. Moak, 575 So.2d 993, 996 (Miss.1990); Payne v. Rain Forest Nurseries, Inc., 540 So.2d 35, 40 (Miss.1989)). | 6 | 6 |
Southland Enterprises, Inc. v. Newton Countygreen2 sentences2012Bickham v. Grant, 861 So.2d 299, 301 (¶ 8) (Miss.2003). “[T]he trial court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence.” Young v. Guild, 7 So.3d 251, 259 (¶ 23) (Miss.2009). “[I]f other instructions granted adequately instruct the jury, a party may not complain of a refused instruction on appeal.” Id. at (¶24) (citing Southland Enters., Inc. v. Newton Cnty., 838 So.2d 286, 289 (¶ 9) (Miss.2003)). ¶ 18. 2010Nonetheless, “[i]f other instructions granted adequately instruct the jury, a party may not complain of a refused instruction on appeal.” Id. (quoting Southland Enters, v. Newton County, 838 So.2d 286, 289 (Miss.2003)). | 5 | 7 |
Young v. Guildgreen2 sentences2016We will not find error in the refusal of a jury instruction if “the [given] instructions, taken as a whole, . . . fairly present the applicable law.” Young v. Guild, 7 So. 3d 251, 259 (¶24) (Miss. 2009). “[I]f other instructions [that are given] adequately instruct the jury, a party may not complain of a refused instruction on appeal.” Id. ¶117. 2016We will not find error in the refusal of a jury instruction if “the [given] instructions, taken as a whole, ... fairly present the applicable law.” Young v. Guild, 7 So.3d 251, 259 (¶ 24) (Miss.2009). “[I]f other instructions [that are given] adequately instruct the jury, a party may not complain of a refused instruction on appeal.” Id. ¶ 117. | 3 | 5 |
Turner v. Templegreen2 sentences2005If the instructions granted "adequately instruct the jury, a party may not complain of the refused instruction." Turner v. Temple, 602 So.2d 817, 823 (Miss.1992) (citing Purina Mills, Inc. v. Moak, 575 So.2d 993, 996 (Miss. 1990); Payne v. Rain Forest Nurseries, Inc., 540 So.2d 35, 40 (Miss.1989)). 2004If the instructions granted "adequately instruct the jury, a party may not complain of the refused instruction." Turner v. Temple, 602 So.2d 817, 823 (Miss.1992) (citing Purina Mills, Inc. v. Moak, 575 So.2d 993, 996 (Miss.1990); Payne v. Rain Forest Nurseries, Inc., 540 So.2d 35, 40 (Miss.1989)). | 3 | 3 |
Thorson v. Stategreen2 sentences2013The trial court refused this instruction based on Thorson v. State, 895 So.2d 85, 109 (Miss.2004). 2009The trial court refused this instruction based on Thorson v. State, 895 So. 2d 85, 109 (Miss. 2004). | 2 | 2 |
Burton by Bradford v. Barnettgreen2 sentences2009In analyzing the aggregate jury instructions, "[d]efects in specific instructions *260 will not mandate reversal when all of the instructions, taken as a whole fairly—although not perfectly—announce the applicable primary rules of law." Beverly Enters., 961 So.2d at 43 (citing Burton v. Barnett, 615 So.2d 580, 583 (Miss.1993)). ¶ 25. 2009In analyzing the aggregate jury instructions, “[djefects in specific in- struetions will not mandate reversal when all of the instructions, taken as a whole fairly — although not perfectly' — announce the applicable primary rules of law.” Beverly Enters., 961 So.2d at 43 (citing Burton v. Barnett, 615 So.2d 580, 583 (Miss.1993)). ¶ 25. | 2 | 2 |
Holden v. Stategreen2 sentences2001Holden v. State, 399 So.2d 1343, 1345-46 (Miss.1981). 1997Holden v. State, 399 So. 2d 1343, 1345-46 (Miss. 1981). | 2 | 2 |
United States v. Claude Harris Andrewsgreen2 sentences1998United States v. Andrews, 22 F.3d 1328, 1345 (5th Cir.1994). ¶ 40. 1998United States v. Andrews , 22 F.3d 1328 , 1345 (5 th Cir. 1994). § ¶ 40. | 2 | 2 |
Hunter v. Stateyellow2 sentences2014Id. at 634. 2010Id. at 634 . | 1 | 2 |
Warren v. Stategreen2 sentences1998Warren v. State, 709 So.2d 415 (Miss.1998); Davis v. State, 568 So.2d 277, 280 (Miss.1990). 1997Warren v. State, No. 92-KA-1312, 1998 WL 80189, at *5-6 (Miss. | 1 | 2 |
Northup v. Stategreen1 sentence2025“The State has the duty to preserve evidence, but that duty is limited to that evidence which might be expected to play a significant role in the suspect’s defense.” Northup v. State, 793 So. 2d 618, 623 (¶16) (Miss. 2001) (quotation mark omitted). | 1 | 1 |
Clayton v. Stategreen2 sentences2016At trial, the circuit court gave the defendant’s jury instruction on accident and misfortune that included only subsection (a), but refused the defendant’s second proposed instruction that included language from subsection (b) regarding “heat of passion” and “sudden and sufficient provocation.” Id. at 805 (¶ 7), Finding reversible error, the supreme court concluded ;that the refused instruction “correctly stated the law” and found that evidence of the couple’s “escalating argument,” and the victim’s use of a knife “to threaten and cut” the defendant moments before the shooting, “provided a suf 2016At trial, the circuit court gave the defendant’s jury instruction on accident and misfortune that included only subsection (a), but refused the defendant’s second proposed instruction that included language from subsection (b) regarding “heat of passion” and “sudden and sufficient provocation.” Id. at 805 (¶ 7), Finding reversible error, the supreme court concluded ;that the refused instruction “correctly stated the law” and found that evidence of the couple’s “escalating argument,” and the victim’s use of a knife “to threaten and cut” the defendant moments before the shooting, “provided a suf | 1 | 1 |
Garrett v. Stategreen1 sentence2016We recognize that the Mississippi Supreme Court has set forth that “[a] circumstantial evidence case is one where the State is without a confession and wholly without eyewitnesses to the gravamen of the offense charged.” Garrett v. State, 921 So.2d 288, 291 (¶ 17) (Miss. 2006) (internal quotation marks omitted). | 1 | 1 |
Thomas v. Stategreen1 sentence2016On appeal, Walker claims this was error based on Thomas v. State, 426 So.2d 795, 795 (Miss.1983), where the Mississippi Supreme Court found reversible error in the refusal of a similar instruction. | 1 | 1 |
Bickham v. Grantgreen1 sentence2012Bickham v. Grant, 861 So.2d 299, 301 (¶ 8) (Miss.2003). “[T]he trial court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence.” Young v. Guild, 7 So.3d 251, 259 (¶ 23) (Miss.2009). “[I]f other instructions granted adequately instruct the jury, a party may not complain of a refused instruction on appeal.” Id. at (¶24) (citing Southland Enters., Inc. v. Newton Cnty., 838 So.2d 286, 289 (¶ 9) (Miss.2003)). ¶ 18. | 1 | 1 |
Lester v. Stategreen1 sentence2012Id. at 585 (¶¶ 9-10). | 1 | 1 |
Robinson v. Stategreen1 sentence2012Robinson v. State, 40 So.3d 570, 575-76 (¶ 21) (Miss.Ct.App.2009). | 1 | 1 |
| Barnes v. Stategreen | 1 | 1 |
| Martin v. Stategreen | 1 | 1 |
| Adkins v. Sandersgreen | 1 | 1 |
| Green v. Stategreen | 1 | 1 |
| Clemons v. Mississippigreen | 1 | 1 |
| Clemons v. Statered | 1 | 1 |
| Laney v. Stategreen | 1 | 1 |
| Calhoun v. Stategreen | 1 | 1 |
| Davis v. Stategreen | 1 | 1 |
| Fleming v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Beverly Enterprises, Inc. v. Reed
green
2 sentences2010Nonetheless, “[i]f other instructions granted adequately instruct the jury, a party may not complain of a refused instruction on appeal.” Id. (quoting Southland Enters, v. Newton County, 838 So.2d 286, 289 (Miss.2003)). 2008Nonetheless, “[i]f other instructions granted adequately instruct the jury, a party may not complain of a refused instruction on appeal.” Id. (quoting Southland Enters. v. Newton County, 838 So. 2d 286, 289 (Miss. 2003)). | 4 | 2004–2010 |
Entergy Mississippi, Inc. v. Bolden
green
2 sentences2005Furthermore, the trial court need not charge the jury with an "instruction that `incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence.'" Bolden, 854 So.2d at 1054 . 2004Furthermore, the trial court need not charge the jury with an "instruction that `incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence.'" Bolden, 854 So.2d at 1054 . ¶ 10. | 3 | 2000–2005 |
Watts v. State
green
2 sentences2016Specifically, the trial court refused instruction D-12 per Watts v. State, 733 So.2d 214 (Miss.1999). 2015Specifically, the trial court refused instruction D-12 per Watts v. State, 733 So. 2d 214 (Miss. 1999). | 2 | 2015–2016 |
McGee v. State
green
2 sentences1998He relies on Ferrill v. State, 643 So.2d 501 (Miss.1994), and McGee v. State, 608 So.2d 1129 (Miss.1992), in which we found reversible error where the trial court refused an instruction on effect of impeachment of witness by his own prior inconsistent statement. 1993He relies on Ferrill v. State, 643 So. 2d 501 (Miss. 1994), and McGee v. State, 608 So. 2d 1129 (Miss. 1992), in which we found reversible error where the trial court refused an instruction on effect of impeachment of witness by his own prior inconsistent statement. | 2 | 1993–1998 |
Ferrill v. State
green
2 sentences1998He relies on Ferrill v. State, 643 So.2d 501 (Miss.1994), and McGee v. State, 608 So.2d 1129 (Miss.1992), in which we found reversible error where the trial court refused an instruction on effect of impeachment of witness by his own prior inconsistent statement. 1993He relies on Ferrill v. State, 643 So. 2d 501 (Miss. 1994), and McGee v. State, 608 So. 2d 1129 (Miss. 1992), in which we found reversible error where the trial court refused an instruction on effect of impeachment of witness by his own prior inconsistent statement. | 2 | 1993–1998 |
Cheatham v. State
green
2 sentences1985Wellborn v. State, 140 Miss. 640 , 105 So. 769 (1925); Cheatham v. State, 67 Miss. 335 , 7 So. 204 (1890). 1940Leaving out of view the particular language in which this refused instruction is couched, the granting of such an instruction “rests in the discretion of the presiding judge, and his refusal so to do is not assignable as error.” Cheatham v. State, 67 Miss. 335 , 7 So. 204 , 206, 19 Am. | 2 | 1940–1985 |
Oren Joseph Lewis v. State of Mississippi
green
1 sentence2025“Manslaughter by culpable negligence has been defined as ‘such gross negligence as to evince a wanton or reckless disregard for the safety of human life, or such an indifference to the consequences of an act under the surrounding circumstances as to render such conduct tantamount to willfulness.’” Lewis v. State, 295 So. 3d 521 , 539 (¶57) (Miss. | 1 | 2025–2025 |
Hunt v. State
green
2 sentences2025The defense countered that the State was assuming the shotgun would be considered a deadly weapon, and if it were not, a lesser-included-offense instruction for simple assault would be proper under the first subsection for simple assault for “purposely, knowingly or recklessly caus[ing] bodily injury to another.” The trial court refused instruction D-9 based upon Hunt v. State, 569 So. 2d 1200 (Miss. 1990).1 Hunt was indicted for aggravated assault after shooting and wounding the victim with a shotgun in a store. 2025Id. at 1201 . | 1 | 2025–2025 |
Dickerson v. State
green
1 sentence2021Dickerson, 175 So. 3d at 24 . | 1 | 2021–2021 |
Nichols v. Tubb
green
1 sentence2012Id. | 1 | 2012–2012 |
Seigfried v. State
green
1 sentence2012Id. | 1 | 2012–2012 |
Boutwell v. State
green
1 sentence2008It is a long-standing rule that defining "reasonable doubt" for the jury is improper; instead, "reasonable doubt defines itself." Martin v. State, 854 So.2d 1004, 1009 (¶ 12) (Miss.2003) (citing Barnes v. State, 532 So.2d 1231, 1235 (Miss.1988)); Boutwell v. State, 165 Miss. 16 , 143 So. 479 , 483 (1932). | 1 | 2008–2008 |
| Moore v. State green | 1 | 2003–2003 |
| Griffis v. State green | 1 | 2002–2002 |
| Comer v. Gregory green | 1 | 1988–1988 |
| Wellborn v. State green | 1 | 1985–1985 |
| Bullock v. State green | 1 | 1984–1984 |
| Wood v. State green | 1 | 1974–1974 |
| PEARL RIV. VLY. WAT. SUP. DIST. v. Wood green | 1 | 1970–1970 |
| Mixon v. State neutral | 1 | 1962–1962 |
| Monroe v. State green | 1 | 1962–1962 |
| Browning v. State green | 1 | 1962–1962 |
| Jones v. State neutral | 1 | 1962–1962 |
| Richardson v. State green | 1 | 1962–1962 |
| McFarland v. State green | 1 | 1955–1955 |
| McLeod v. Civil Service Commission green | 1 | 1951–1951 |
| Smith & Co. v. Western Railway neutral | 1 | 1929–1929 |
| Thompson v. State green | 1 | 1922–1922 |
| Burnett v. Smith green | 1 | 1920–1920 |
| James v. State neutral | 1 | 1919–1919 |
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.