48 Mississippi opinions name it 2 courts 1844–2018 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 |
|---|---|---|
Brown v. Stategreen2 sentences2018This Court "is under no obligation to consider an assigned error without citation to authority." Brown v. State , 798 So.2d 481 , 497 (Miss. 2001) (citing Brown v. State , 534 So.2d 1019 , 1023 (Miss. 1988) ). 2007McClain v. State, 625 So.2d 774, 781 (Miss.1993) (citing Brown v. State, 534 So.2d 1019, 1023 (Miss. 1988); Shive v. State, 507 So.2d 898, 900 (Miss.1987); Pate v. State, 419 So.2d 1324, 1326 (Miss.1982)). ¶ 21. | 6 | 8 |
McClain v. Stategreen2 sentences2007McClain v. State, 625 So.2d 774, 781 (Miss.1993) (citing Brown v. State, 534 So.2d 1019, 1023 (Miss. 1988); Shive v. State, 507 So.2d 898, 900 (Miss.1987); Pate v. State, 419 So.2d 1324, 1326 (Miss.1982)). ¶ 21. 2006McClain v. State, 625 So. 2d 774, 781 (Miss. 1993) (citing Brown v. State, 534 So. 2d 1019, 1023 (Miss. 1988); Shive v. State, 507 So. 2d 898, 900 (Miss. 1987); Pate v. State, 419 So. 2d 1324, 1326 (Miss. 1982)). ¶21. | 6 | 6 |
Shive v. Stategreen2 sentences2007McClain v. State, 625 So.2d 774, 781 (Miss.1993) (citing Brown v. State, 534 So.2d 1019, 1023 (Miss. 1988); Shive v. State, 507 So.2d 898, 900 (Miss.1987); Pate v. State, 419 So.2d 1324, 1326 (Miss.1982)). ¶ 21. 2006McClain v. State, 625 So. 2d 774, 781 (Miss. 1993) (citing Brown v. State, 534 So. 2d 1019, 1023 (Miss. 1988); Shive v. State, 507 So. 2d 898, 900 (Miss. 1987); Pate v. State, 419 So. 2d 1324, 1326 (Miss. 1982)). ¶21. | 5 | 5 |
Pate v. Stategreen2 sentences2007McClain v. State, 625 So.2d 774, 781 (Miss.1993) (citing Brown v. State, 534 So.2d 1019, 1023 (Miss. 1988); Shive v. State, 507 So.2d 898, 900 (Miss.1987); Pate v. State, 419 So.2d 1324, 1326 (Miss.1982)). ¶ 21. 2006McClain v. State, 625 So. 2d 774, 781 (Miss. 1993) (citing Brown v. State, 534 So. 2d 1019, 1023 (Miss. 1988); Shive v. State, 507 So. 2d 898, 900 (Miss. 1987); Pate v. State, 419 So. 2d 1324, 1326 (Miss. 1982)). ¶21. | 5 | 5 |
Winters v. Stategreen2 sentences2013See James, 912 So.2d at 950-51 (¶¶ 17-19); Winters v. State, 473 So.2d 452, 457 (Miss.1985) ("In reviewing the assigned error that a trial judge has abused his discretion ..., we look to the completed trial, particularly including the voir dire examination of the prospective jurors, to determine whether the accused received a fair trial.”) (citations omitted); see also Myers v. State, 565 So.2d 554, 558 (Miss.1990) ("Our law further provides that a juror is 'disqualified' within [the meaning of Mississippi Code Annotated section] 13-5-67 where on voir dire examination he or she has withheld in 1986In Winters v. State, 473 So.2d 452, 457 (Miss. 1985), we said "In reviewing the assigned error that a trial judge has abused his discretion in denying a change of venue, we look to the completed trial, particularly including the voir dire examination of the prospective jurors, to determine whether the accused received a fair trial." We pointed out in Fisher that absent unusual circumstances the trial judge should rule *1287 on the motion at the conclusion of the venue hearing and in any event prior to summoning prospective jurors. | 2 | 2 |
Walker v. Stategreen2 sentences1997Walker v. State, 473 So.2d 435, 440 (Miss. 1985). 1993Walker v. State, 473 So. 2d 435, 440 (Miss. 1985). | 2 | 2 |
Summerall v. Stategreen2 sentences2018Ct. App. 2008) (declining to address issues not listed in the appellant’s statement of issues); Summerall, 734 So. 2d at 246 (¶20) (“Failure to cite to legal authority bars any consideration of the assigned error.”). ¶51. 2018Ct. App. 2008) (declining to address issues not listed in the appellant's statement of issues); Summerall , 734 So.2d at 246 (¶ 20) ("Failure to cite to legal authority bars any consideration of the assigned error."). ¶ 51. | 1 | 1 |
Hamin Shaheed v. State of Mississippigreen1 sentence2017Moreover, we find that the assigned error is procedurally barred. ¶29. “[U]nobjeeted-to hearsay evidence, once received by the court and presented to the jury, becomes competent evidence and may aid in supporting a verdict the same as any other competent evidence.” Shaheed v. State, 205 So.3d 1105, 1111 (¶ 16) (Miss. | 1 | 1 |
Veal v. Stategreen1 sentence2017Ct. App. 2016) (quoting Veal v. State, 585 So.2d 693, 697 (Miss. 1991)). | 1 | 1 |
James v. Stategreen1 sentence2013See James, 912 So.2d at 950-51 (¶¶ 17-19); Winters v. State, 473 So.2d 452, 457 (Miss.1985) ("In reviewing the assigned error that a trial judge has abused his discretion ..., we look to the completed trial, particularly including the voir dire examination of the prospective jurors, to determine whether the accused received a fair trial.”) (citations omitted); see also Myers v. State, 565 So.2d 554, 558 (Miss.1990) ("Our law further provides that a juror is 'disqualified' within [the meaning of Mississippi Code Annotated section] 13-5-67 where on voir dire examination he or she has withheld in | 1 | 1 |
Myers v. Stategreen1 sentence2013See James, 912 So.2d at 950-51 (¶¶ 17-19); Winters v. State, 473 So.2d 452, 457 (Miss.1985) ("In reviewing the assigned error that a trial judge has abused his discretion ..., we look to the completed trial, particularly including the voir dire examination of the prospective jurors, to determine whether the accused received a fair trial.”) (citations omitted); see also Myers v. State, 565 So.2d 554, 558 (Miss.1990) ("Our law further provides that a juror is 'disqualified' within [the meaning of Mississippi Code Annotated section] 13-5-67 where on voir dire examination he or she has withheld in | 1 | 1 |
Ellis v. Ellisgreen1 sentence1999In Ellis v. Ellis, 651 So.2d 1068, 1073 (Miss.1995), the Mississippi Supreme Court advised the bar: *198 The merits of this assigned error will not be reached for several reasons. | 1 | 1 |
Crawford v. Stategreen1 sentence1990See, e.g., Crawford v. State, 515 So.2d 936, 938 (Miss. 1987) (This Court held that the assigned error "will be denied ... because it does not rely upon the ground stated in the objection interposed to the lower court, and the objection was not properly preserved for appellate review.") (citing MISS.SUP.CT.R. 42, and numerous cases for authoritative support). | 1 | 1 |
Cannaday v. Stategreen1 sentence1989Cannaday v. State, 455 So.2d 713, 718-19 (Miss. 1984). [2] Although not objected to at trial, this assigned error has no merit. | 1 | 1 |
Davis v. Stategreen2 sentences1988Contra Davis v. State, 512 So.2d 1291, 1293 (Miss. 1987). *358 Therefore, this assigned error has merit insofar as we hold the jury's consideration of the aggravating circumstance at issue erroneous, but the assigned error has no merit insofar as the invalid aggravating circumstance does not require vacation of the death penalty. 1988Contra Davis v. State, 512 So.2d 1291 , 1293 (Miss. 1987). *Page 358 Therefore, this assigned error has merit insofar as we hold the jury's consideration of the aggravating circumstance at issue erroneous, but the assigned error has no merit insofar as the invalid aggravating circumstance does not require vacation of the death penalty. | 1 | 1 |
| Wong Sun v. United Statesgreen | 1 | 1 |
| Billiot v. Stategreen | 1 | 1 |
| Franklin v. Stategreen | 1 | 1 |
| State v. Watsongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ethridge v. Goyer Co.
green
2 sentences2009While acknowledging that Coker and Ethridge v. Goyer Company, 241 Miss. 333 , 131 So.2d 188 (1961), “pronounce sound law,” this Court held that: they have no application to the case at bar for the reason the plaintiff opened the subject of the industrial or first injury by introducing evidence in regard thereto. 2009While acknowledging that Coker and Ethridge v. Goyer Company, 241 Miss. 333 , 131 So.2d 188 (1961), “pronounce sound law,” this Court held that: they have no application to the case at bar for the reason the plaintiff opened the subject of the industrial or first injury by introducing evidence in regard thereto. | 3 | 1965–2009 |
Vance v. Hervey
green
2 sentences2009In Vance , “[t]he plaintiff was permitted to testify on cross-examination, over the objection of his attorney, that he had received weekly insurance benefits from January 1963 through July 1964 for the first injury, and this is assigned as error.” Id. at 754 , 179 So.2d 1 . 2009In Vance , “[t]he plaintiff was permitted to testify on cross-examination, over the objection of his attorney, that he had received weekly insurance benefits from January 1963 through July 1964 for the first injury, and this is assigned as error.” Id. at 754 , 179 So.2d 1 . | 2 | 2008–2009 |
Buck v. State
neutral
2 sentences2003Buck v. State, ___ So.2d ___, 2002 WL 1278063 (Miss.Ct. 2001Buck v. State, 2002 WL 1278063 (Miss. | 2 | 2001–2003 |
Cartwright v. State
neutral
2 sentences1928In King v. State, 146 Miss. 285 , 111 So. 378 , this court held: “The only way that matters of this kind can be brought to this court and assigned for error is for them to be embodied in a special bill of exceptions, which bill must show an abuse of discretion in that regard ’ ’—citing Car twright v. State, 71 Miss. 82 , 14 So. 526 ; Powers v. State, 83 Miss. 691 , 36 So. 6 . 1927Cartwright v. State, 71 Miss. 82 , 14 So. 526 ; Powers v. State, 83 Miss. 691 , 36 So. 6 . | 2 | 1927–1928 |
Powers v. State
neutral
2 sentences1928In King v. State, 146 Miss. 285 , 111 So. 378 , this court held: “The only way that matters of this kind can be brought to this court and assigned for error is for them to be embodied in a special bill of exceptions, which bill must show an abuse of discretion in that regard ’ ’—citing Car twright v. State, 71 Miss. 82 , 14 So. 526 ; Powers v. State, 83 Miss. 691 , 36 So. 6 . 1927Cartwright v. State, 71 Miss. 82 , 14 So. 526 ; Powers v. State, 83 Miss. 691 , 36 So. 6 . | 2 | 1927–1928 |
Brown v. State
green
1 sentence2018This Court "is under no obligation to consider an assigned error without citation to authority." Brown v. State , 798 So.2d 481 , 497 (Miss. 2001) (citing Brown v. State , 534 So.2d 1019 , 1023 (Miss. 1988) ). | 1 | 2018–2018 |
Evans v. State
green
2 sentences2014The supreme court noted that “[t]he contention and argument of [the] appellant on this assigned error indicate that his actions in the lower court amounted to trifling with the court, deception and attempting to mislead the court. [Evans] has no standing to seek redress from alleged error of his own creation.” Id. at 40 . 2014In rejecting Evans’s argument, the supreme court stated: “In [section] 97-3-65(2), reference to ‘the jury’ is synonymous to ‘the trier of facts.’ Here, the judge, at the insistence of [Evans], was the ‘trier of facts’ and substituted for the jury, which ordinarily is the ‘trier of facts’ in a criminal case.” Evans, 547 So.2d at 40 . ¶ 13. | 1 | 2014–2014 |
Odom v. State
green
1 sentence2013See James, 912 So.2d at 950-51 (¶¶ 17-19); Winters v. State, 473 So.2d 452, 457 (Miss.1985) ("In reviewing the assigned error that a trial judge has abused his discretion ..., we look to the completed trial, particularly including the voir dire examination of the prospective jurors, to determine whether the accused received a fair trial.”) (citations omitted); see also Myers v. State, 565 So.2d 554, 558 (Miss.1990) ("Our law further provides that a juror is 'disqualified' within [the meaning of Mississippi Code Annotated section] 13-5-67 where on voir dire examination he or she has withheld in | 1 | 2013–2013 |
Willie v. State
green
1 sentence1994Willie v. State, 585 So.2d at 680 ; Rule 5.03, Miss.Unif.Crim. | 1 | 1994–1994 |
Mease v. State
green
1 sentence1990The court had the same issue before it in Mease v. State, 539 So.2d 1324 (Miss. 1989), and held that the assigned error had no merit. | 1 | 1990–1990 |
Booth v. Maryland
red
2 sentences1990Booth v. Maryland, 482 U.S. 496 , 107 S.Ct. 2529 , 96 L.Ed.2d 440 (1987), supports the ruling of the trial judge. 1990Booth v. Maryland, 482 U.S. 496 , 107 S.Ct. 2529 , 96 L.Ed.2d 440 (1987), supports the ruling of the trial judge. | 1 | 1990–1990 |
Jenkins v. FORREST COUNTY GENERAL HOSP.
green
1 sentence1990Jenkins, supra, turned on a two-pronged motion to recuse: (1) that Forrest County General Hospital and the medical community actively participated in the election of Judge McKenzie and was responsible for his election in 1982, and (2) James F. McKenzie was a senior partner in the law firm of Heidelberg, Sutherland & McKenzie, which represented Forrest County General Hospital in that suit. | 1 | 1990–1990 |
| MAGNOLIA FED. S & L ASSOCIATION v. Randal Craft Realty Co., Inc. green | 1 | 1987–1987 |
| Watson v. State green | 1 | 1987–1987 |
| Holifield v. State green | 1 | 1987–1987 |
| Cummings v. State green | 1 | 1987–1987 |
Lumpkin v. State
green
1 sentence1987Miss.Sup.Ct.Rule 42; Watson v. State, 483 So.2d 1326 (Miss. 1986); Williams v. State, 445 So.2d 798 (Miss. 1984); Holifield v. State, 431 So.2d 929 (Miss. 1983); Lumpkin v. State, 413 So.2d 386 (Miss. 1982). (2) The court granted the following instruction on murder: THE COURT INSTRUCTS THE JURY THAT MURDER IS THE WILFUL, UNLAWFUL, AND FELONIOUS KILLING OF A HUMAN BEING WITH MALICE AFORETHOUGHT, WITHOUT AUTHORITY OF LAW, BY ANY MEANS OR IN ANY MANNER, WHEN DONE WITH THE DELIBERATE DESIGN TO EFFECT THE DEATH OF THE PERSON KILLED, AND NOT IN NECESSARY SELF-DEFENSE. | 1 | 1987–1987 |
| Kelly v. State green | 1 | 1987–1987 |
Shell Oil Co. v. Murrah
green
1 sentence1987Shell Oil Co. v. Murrah, 493 So.2d 1274 (Miss. 1986); Brown v. McCoy, 362 So.2d 186 (Miss. 1978). | 1 | 1987–1987 |
| In Re Hill green | 1 | 1987–1987 |
Williams v. State
green
1 sentence1987Miss.Sup.Ct.Rule 42; Watson v. State, 483 So.2d 1326 (Miss. 1986); Williams v. State, 445 So.2d 798 (Miss. 1984); Holifield v. State, 431 So.2d 929 (Miss. 1983); Lumpkin v. State, 413 So.2d 386 (Miss. 1982). (2) The court granted the following instruction on murder: THE COURT INSTRUCTS THE JURY THAT MURDER IS THE WILFUL, UNLAWFUL, AND FELONIOUS KILLING OF A HUMAN BEING WITH MALICE AFORETHOUGHT, WITHOUT AUTHORITY OF LAW, BY ANY MEANS OR IN ANY MANNER, WHEN DONE WITH THE DELIBERATE DESIGN TO EFFECT THE DEATH OF THE PERSON KILLED, AND NOT IN NECESSARY SELF-DEFENSE. | 1 | 1987–1987 |
| Tubbs v. State green | 1 | 1987–1987 |
| Shavers v. State green | 1 | 1987–1987 |
| Ellis v. Cangemi green | 1 | 1987–1987 |
| Cabello v. State green | 1 | 1986–1986 |
| Tucker v. State green | 1 | 1973–1973 |
| Blowe v. State green | 1 | 1973–1973 |
| G., M. N.R. Co. v. Willis green | 1 | 1973–1973 |
| Breedwell v. State green | 1 | 1973–1973 |
| Aguilar v. Texas red | 1 | 1973–1973 |
| Strode v. State green | 1 | 1970–1970 |
| Jones v. State neutral | 1 | 1965–1965 |
| Coker v. Five-Two Taxi Service, Inc. green | 1 | 1965–1965 |
| United States Fidelity & Guaranty Co. v. Blanchard neutral | 1 | 1951–1951 |
| Hoadley v. City of Tarpon Springs green | 1 | 1941–1941 |
| Rayl v. Thurman green | 1 | 1941–1941 |
| Mitchell v. Finley neutral | 1 | 1941–1941 |
| King v. State neutral | 1 | 1928–1928 |
| Stewart v. Cybur Lumber Co. neutral | 1 | 1923–1923 |
| Ex Parte Wisner green | 1 | 1923–1923 |
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.