defense-of-others instruction (Mississippi) · Go Syfert
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defense-of-others instruction in Mississippi

6 Mississippi opinions name it 2 courts 2007–2018 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.

Followed or applied (7)

CaseFollowedCited
Folks v. Stategreen
miss · 1957 · cited in 3 Mississippi opinions naming this issue, 2007–2017
2 sentences

2017More than fifty years prior to the Court’s Maye decision, the Court held in Folks v. State, 230 Miss. 217 , 92 So. 2d 461, 462-63 (1957), that the defendant was not entitled to a defense-of-others instruction when the victim had retreated almost twenty feet from the third party at the time the defendant shot the victim.

2017More than fifty years prior to the Court’s Maye decision, the Court held in Folks v. State, 230 Miss. 217 , 92 So. 2d 461, 462-63 (1957), that the defendant was not entitled to a defense-of-others instruction when the victim had retreated almost twenty feet from the third party at the time the defendant shot the victim.

33
Young v. Guildgreen
miss · 2009 · cited in 2 Mississippi opinions naming this issue, 2018–2018
2 sentences

2018The primary concern with jury instructions is "that each party's proof-grounded theory of the case was placed before [the jury]." Banyard v. State , 47 So.3d 676 , 681 (¶ 11) (Miss. 2010) (quoting Young , 7 So.3d at 259 (¶ 24) ).

2018The primary concern with jury instructions is "that each party's proof-grounded theory of the case was placed before [the jury]." Banyard v. State , 47 So.3d 676 , 681 (¶ 11) (Miss. 2010) (quoting Young , 7 So.3d at 259 (¶ 24) ).

22
Guster v. Stategreen
missctapp · 2000 · cited in 2 Mississippi opinions naming this issue, 2007–2010
2 sentences

2010See, e.g., Calhoun v. State, 526 So.2d 531, 533 (Miss.1988) (reversing conviction because deceased’s record of threats against defendant and third party warranted defense-of-others instruction in addition to self-de fense instruction); Guster v. State, 758 So.2d 1086, 1089 (Miss.Ct.App.2000) (finding defense-of-others instruction required where defendant testified that she had stabbed deceased out of fear for her own and her son’s safety).

2010See, e.g., Calhoun v. State, 526 So.2d 531, 533 (Miss. 1988) (reversing conviction because deceased's record of threats against defendant and third party warranted defense-of-others instruction in addition to self-defense instruction); Guster v. State, 758 So.2d 1086, 1089 (Miss.Ct.App.2000) (finding defense-of-others instruction required where defendant testified that she had stabbed deceased out of fear for her own and her son's safety).

22
Calhoun v. Stategreen
miss · 1988 · cited in 2 Mississippi opinions naming this issue, 2007–2010
2 sentences

2010See, e.g., Calhoun v. State, 526 So.2d 531, 533 (Miss.1988) (reversing conviction because deceased’s record of threats against defendant and third party warranted defense-of-others instruction in addition to self-de fense instruction); Guster v. State, 758 So.2d 1086, 1089 (Miss.Ct.App.2000) (finding defense-of-others instruction required where defendant testified that she had stabbed deceased out of fear for her own and her son’s safety).

2010See, e.g., Calhoun v. State, 526 So.2d 531, 533 (Miss. 1988) (reversing conviction because deceased's record of threats against defendant and third party warranted defense-of-others instruction in addition to self-defense instruction); Guster v. State, 758 So.2d 1086, 1089 (Miss.Ct.App.2000) (finding defense-of-others instruction required where defendant testified that she had stabbed deceased out of fear for her own and her son's safety).

22
Maye v. Stategreen
miss · 2010 · cited in 3 Mississippi opinions naming this issue, 2012–2018
2 sentences

2018A defense-of-others instruction "may be *771 proper when the defendant has reasonable grounds to believe certain force is necessary to prevent the danger of imminent death or bodily injury to another person." Maye v. State , 49 So.3d 1124 , 1130 (¶ 11) (Miss. 2010). ¶ 15.

2018A defense-of-others instruction "may be *771 proper when the defendant has reasonable grounds to believe certain force is necessary to prevent the danger of imminent death or bodily injury to another person." Maye v. State , 49 So.3d 1124 , 1130 (¶ 11) (Miss. 2010). ¶ 15.

13
Maye v. Stategreen
missctapp · 2009 · cited in 2 Mississippi opinions naming this issue, 2007–2010
2 sentences

2010We agree with the Court of Appeals that, “[bjecause the danger to Maye and his child were one and the same, if a self-defense instruction was appropriate, as it was, then likewise a defense of others instruction was also appropriate.” Maye, 49 So.3d at 1149 .

2010We agree with the Court of Appeals that, "[b]ecause the danger to Maye and his child were one and the same, if a self-defense instruction was appropriate, as it was, then likewise a defense of others instruction was also appropriate." Maye, 49 So.3d at 1149.

12
Higgins v. Stategreen
miss · 1998 · cited in 1 Mississippi opinions naming this issue, 2007–2007
1 sentence

2007When the group found Davis 12 Higgins v. State, 725 So. 2d 220, 223 (Miss. 1998). 13 Calhoun v. State, 526 So. 2d 531, 533 (Miss. 1988). 14 Id. at 532 . 15 Id. 16 Folks v. State, 230 Miss. 217 , 220, 92 So. 2d 461 (1957). 22 (known to carry a switchblade), Davis advanced upon Folks, who shot Davis.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Banyard v. State green
miss · 2010
2 sentences

2018The primary concern with jury instructions is "that each party's proof-grounded theory of the case was placed before [the jury]." Banyard v. State , 47 So.3d 676 , 681 (¶ 11) (Miss. 2010) (quoting Young , 7 So.3d at 259 (¶ 24) ).

2018The primary concern with jury instructions is "that each party's proof-grounded theory of the case was placed before [the jury]." Banyard v. State , 47 So.3d 676 , 681 (¶ 11) (Miss. 2010) (quoting Young , 7 So.3d at 259 (¶ 24) ).

22018–2018
Darius Cornelius Ford v. State of Mississippi green
missctapp · 2017
2 sentences

2018The State cites Ford v. State , 230 So.3d 316 (Miss.

2018The State cites Ford v. State , 230 So.3d 316 (Miss.

22018–2018

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-15 (3)

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.

Where else courts name it

MI 13 (2002–2025) OH 10 (2004–2026) WI 7 (1988–2025) MO 6 (2013–2025) MS 6 (2007–2018) CT 5 (2011–2020) MD 5 (2010–2026) CA 4 (2013–2025) UT 3 (2011–2026) KS 3 (1997–2024) OR 2 (2005–2023) WA 2 (2011–2020) MN 2 (2023–2024) VA 2 (2001–2010) HI 2 (2019–2021) IL 2 (2016–2016) NC 2 (2022–2022) CO 2 (2025–2026)

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.

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