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8 Mississippi opinions name it 1 courts 2010–2023 4 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 |
|---|---|---|
Williams v. Stategreen2 sentences2023In determining whether the doctrine of retroactive misjoinder applies, this Court employs a two-part test: “(1) was evidence admitted at trial on the vacated count that would not have otherwise been admissible on the remaining count and, if so, (2) can the defendant demonstrate clear prejudice as a result of the inadmissible evidence that was presented to the jury?” Id. (quoting Williams, 37 So. 3d at 721 (¶10)). 2023In determining whether the doctrine of retroactive misjoinder applies, this Court employs a two-part test: “(1) was evidence admitted at trial on the vacated count that would not have otherwise been admissible on the remaining count and, if so, (2) can the defendant demonstrate clear prejudice as a result of the inadmissible evidence that was presented to the jury?” Id. (quoting Williams, 37 So. 3d at 721 (¶10)). | 4 | 4 |
John E. Jones a/k/a Johnny Jones v. State of Mississippi;green1 sentence2023“In essence, by invoking the retroactive misjoinder doctrine, the defendant in such a case is attempting to avoid the general rule that the failure to request a severance of charges prior to trial waives the issue on appeal.” Id. at 222-23 (¶19) (internal quotation marks omitted). ¶62. | 1 | 1 |
Jacob Reynolds v. State of Mississippigreen1 sentence2022As the State notes, our Court has since clarified that the doctrine of retroactive misjoinder “applies when the defendant was prejudiced by evidence admissible only on a charge that failed or was invalid as a matter of law.” Reynolds v. State, 227 So. 3d 428, 434 (¶25) (Miss. | 1 | 1 |
United States v. Edwin Edwards Stephen Edwards Cecil Brown Andrew Martin Bobby Johnsongreen2 sentences2010At a minimum, drawing from our severance cases and authority from other circuits, the defendants must show that they experienced some prejudice as a result of the joinder of the invalid claims[.] Id. 2010United States v. Edwards, 303 F.3d 606, 640 (5th Cir.2002). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Reginald J. Holzer
green
1 sentence2021Id. at 434 n.3.5 ¶20. | 1 | 2021–2021 |
Thomas v. State
green
1 sentence2015The doctrine of retroactive misjoinder states that “if the defendant can show that he suffered clear and compelling prejudice as a result of the evidence introduced to support the vacated count, he is entitled to a new trial on the remaining eount(s).” Thomas v. State, 126 So.3d 877 , 878 n. 1 (Miss.2013) (quoting Williams v. State, 37 So.3d 717, 721 (¶ 9) (Miss.Ct.App.2010)). | 1 | 2015–2015 |