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7 Mississippi opinions name it 2 courts 1995–2019 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 |
|---|---|---|
Robinson v. Stategreen2 sentences2019See Robinson v. State, 940 So. 2d 235, 239 (¶11) (Miss. 2006) (holding that the erroneous denial of a limiting instruction is 9 harmless error unless it deprives the defendant of a fair trial). 2018Based upon a review of relevant caselaw, we cannot say that the absence of a limiting instruction in this case rendered Jones's trial fundamentally unfair. 1 Cf. Robinson v. State , 940 So.2d 235 , 239 (¶ 11) (Miss. 2006) (finding the denial of a limiting instruction to be harmless error unless the decision deprives the defendant of a fair trial); Curry , 202 So.3d at 299 (¶ 16) (finding no reversible error from the trial court's failure to give a limiting instruction sua sponte). | 3 | 4 |
Jemarcus Curry v. State of Mississippigreen2 sentences2019Recognizing that defense counsel may not have requested a limiting instruction as part of counsel’s trial strategy, the Court found that reversal would only be appropriate if we found that “the absence of a limiting instruction deprived [the defendant] of a fair trial.” Id. at 299 (¶16); Horton v. State, 253 So. 3d 334, 342 (¶¶23-24) (Miss. 2018Based upon a review of relevant caselaw, we cannot say that the absence of a limiting instruction in this case rendered Jones's trial fundamentally unfair. 1 Cf. Robinson v. State , 940 So.2d 235 , 239 (¶ 11) (Miss. 2006) (finding the denial of a limiting instruction to be harmless error unless the decision deprives the defendant of a fair trial); Curry , 202 So.3d at 299 (¶ 16) (finding no reversible error from the trial court's failure to give a limiting instruction sua sponte). | 2 | 2 |
Malcolm Horton v. State of Mississippigreen1 sentence2019Recognizing that defense counsel may not have requested a limiting instruction as part of counsel’s trial strategy, the Court found that reversal would only be appropriate if we found that “the absence of a limiting instruction deprived [the defendant] of a fair trial.” Id. at 299 (¶16); Horton v. State, 253 So. 3d 334, 342 (¶¶23-24) (Miss. | 1 | 1 |
Dao v. Stategreen1 sentence2009Despite the trial judge’s analysis, Gales argues that the absence of a limiting instruction to the jury “alone should have required exclusion of the prior conviction.” This assertion is incorrect. “[T]he Mississippi Supreme Court [has] abandoned the requirement that trial judges issue a sua sponte limiting instruction when evidence is admitted for a limited purpose.” Dao v. State, 984 So.2d 352, 362 (¶ 35) (Miss.Ct.App.2007) (citing Brown v. State, 890 So.2d 901, 913 (¶ 36) (Miss.2004)). ¶ 46. | 1 | 1 |
Brown v. Stategreen2 sentences2009Despite the trial judge’s analysis, Gales argues that the absence of a limiting instruction to the jury “alone should have required exclusion of the prior conviction.” This assertion is incorrect. “[T]he Mississippi Supreme Court [has] abandoned the requirement that trial judges issue a sua sponte limiting instruction when evidence is admitted for a limited purpose.” Dao v. State, 984 So.2d 352, 362 (¶ 35) (Miss.Ct.App.2007) (citing Brown v. State, 890 So.2d 901, 913 (¶ 36) (Miss.2004)). ¶ 46. 2009In Brown, the supreme court held that “[t]he burden should properly be upon the trial counsel to request a limiting instruction.” Brown, 890 So.2d at 913 (¶ 36). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wilcher v. State
green
1 sentence1995Commencing with Wilcher v. State, 635 So.2d 789 (Miss. 1993), (Smith, J., dissenting), and continuing and including Hill v. State, 659 So.2d 547 (Miss. 1995), (Smith, J., dissenting), I expressed my views regarding the majority's reversal and remand of death cases for resentencing hearings because of the use of the supposed "heinous, atrocious, and cruel" aggravator given to the jury in the absence of a limiting instruction, failure to allow this Court to conduct a reweighing or harmless error analysis upholding the death sentence, and failure to apply Miss. | 1 | 1995–1995 |
Hill v. State
green
1 sentence1995Commencing with Wilcher v. State, 635 So.2d 789 (Miss. 1993), (Smith, J., dissenting), and continuing and including Hill v. State, 659 So.2d 547 (Miss. 1995), (Smith, J., dissenting), I expressed my views regarding the majority's reversal and remand of death cases for resentencing hearings because of the use of the supposed "heinous, atrocious, and cruel" aggravator given to the jury in the absence of a limiting instruction, failure to allow this Court to conduct a reweighing or harmless error analysis upholding the death sentence, and failure to apply Miss. | 1 | 1995–1995 |
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.