Kolberg claim (Mississippi) · Go Syfert
← Mississippi issues

Kolberg claim in Mississippi

6 Mississippi opinions name it 1 courts 1998–2014 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 (6)

CaseFollowedCited
Ballenger v. Stategreen
miss · 2000 · cited in 2 Mississippi opinions naming this issue, 2010–2014
2 sentences

2014Ballenger, 761 So.2d at 214 (¶ 2).

2010Ballenger, 761 So. 2d at 214 (¶ 2).

22
Morgan v. Stategreen
miss · 1999 · cited in 2 Mississippi opinions naming this issue, 2000–2002
2 sentences

2002See Morgan v. State, 741 So.2d 246 (Miss. 1999).

2000See Morgan v. State, 741 So.2d 246 (Miss. 1999).

22
Wilson v. Stategreen
miss · 1984 · cited in 2 Mississippi opinions naming this issue, 2000–2002
2 sentences

2002Finally, Kolberg's claim that it was "double error" for the trial judge to say that he was "disappointed" in defense counsel in front of the jury: Kolberg cites Miss.Code Ann. § 99-17-35, *80 which states, in pertinent part: "The judge in any criminal cause, shall not sum up or comment on the testimony, or charge the jury as to the weight of the evidence." Thus, this statute is not applicable here as counsel's questions were not "testimony" nor "evidence." Likewise, although Kolberg directs us to Wilson v. State, 451 So.2d 724, 726 (Miss.1984), it is wholly inapplicable for precisely the same

2000Code Ann. § 99-17-35 , which states, in pertinent part: "The judge in any criminal cause, shall not sum up or comment on the testimony, or charge the jury as to the weight of the evidence." Thus, this statute is not applicable here as counsel's questions were not "testimony" nor "evidence." Likewise, although Kolberg directs us to Wilson v. State, 451 So.2d 724, 726 (Miss. 1984), it is wholly inapplicable for precisely the same reasons.

22
Hosford v. Stategreen
miss · 1988 · cited in 2 Mississippi opinions naming this issue, 2000–2002
2 sentences

2002They were playing basketball." Kolberg also complains of the following question the State propounded to Jacobs: "Did Bryan Kolberg ever tell you that he had two daughters in Wisconsin that he was not allowed to see?" Kolberg's objection was sustained; however, Kolberg tells us our decision in Hosford v. State, 525 So.2d 789, 792 (Miss.1988) warrants a finding of reversible error here.

2000They were playing basketball." Kolberg also complains of the following question the State propounded to Jacobs: "Did Bryan Kolberg ever tell you that he had two daughters in Wisconsin that he was not allowed to see?" Kolberg's objection was sustained; however, Kolberg tells us our decision in Hosford v. State, 525 So.2d 789, 792 (Miss. 1988) warrants a finding of reversible error here.

22
Kolberg v. Stategreen
miss · 1997 · cited in 2 Mississippi opinions naming this issue, 1998–1999
2 sentences

1999Kolberg v. State , 704 So.2d 1307 , 1319 (Miss. 1997). ¶ 29.

1998Kolberg v. State, 704 So.2d 1307, 1319 (Miss. 1997). ¶29.

12
Parker v. Stategreen
miss · 1981 · cited in 1 Mississippi opinions naming this issue, 2002–2002
2 sentences

2002In Parker v. State, 401 So.2d 1282, 1285 (Miss.1981), we said: "Ordinarily counsel may not complain of slight or not seriously prejudicial impropriety in remarks or comments by the court where they are provoked by himself." Id. at 1285 (quoting Vail v. City of Jackson, 206 Miss. 299, 328 , 41 So.2d 357 , 361 (1949)).

2002In Parker v. State, 401 So.2d 1282, 1285 (Miss.1981), we said: "Ordinarily counsel may not complain of slight or not seriously prejudicial impropriety in remarks or comments by the court where they are provoked by himself." Id. at 1285 (quoting Vail v. City of Jackson, 206 Miss. 299, 328 , 41 So.2d 357 , 361 (1949)).

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
Houston v. State green
miss · 1988
2 sentences

2002Kolberg relies heavily on our decision in Houston v. State, 531 So.2d 598 (Miss.1988). [3] In Houston , the defendant was convicted of the capital murder of her 14 year-old daughter while engaged in the crime of felonious child abuse and battery.

2000Kolberg relies heavily on our decision in Houston v. State, 531 So.2d 598 (Miss. 1988).(3) In Houston, the defendant was convicted of the capital murder of her 14 year-old daughter while engaged in the crime of felonious child abuse and battery.

22000–2002
Vail v. City of Jackson green
· 1949
1 sentence

2002In Parker v. State, 401 So.2d 1282, 1285 (Miss.1981), we said: "Ordinarily counsel may not complain of slight or not seriously prejudicial impropriety in remarks or comments by the court where they are provoked by himself." Id. at 1285 (quoting Vail v. City of Jackson, 206 Miss. 299, 328 , 41 So.2d 357 , 361 (1949)).

12002–2002

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-19 (4) MS § Miss. Code Ann. § 97-5-39 (4)

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.

← Caselaw search · G Cite Topics · Brief Check