abuse of discretion standard in Mississippi

2021“When reviewing the [chancery] court’s decision to allow or disallow evidence, including expert testimony, we are bound by an abuse of discretion standard of review.” Webb v. Braswell, 930 So. 2d 387, 396-97 (¶15) (Miss. 2006) (citing Miss.

2021“Motions for leave to amend [the] complaint are left to the sound discretion of [the] trial court; the Supreme Court reviews such determinations under an abuse of discretion standard; and, unless convinced that [the] trial judge abused [his/her] discretion, the Supreme Court is without authority to reverse.” Webb v. Braswell, 930 So. 2d 387, 392 (Miss. 2006) (alterations in original) (quoting Preferred Risk Mut.

2018Though an abuse-of-discretion standard affords great discretion to the trial judge, "[t]his Court has not hesitated to invoke its authority to order a new trial and allow a second jury to pass on the evidence where it considers the first jury's determination of guilt to be based on extremely weak or tenuous evidence[.]" Dilworth v. State , 909 So.2d 731 , 737 (Miss. 2005). ¶ 30.

2017Dilworth v. State, 909 So.2d 731, 737 (¶20) (Miss. 2005) (citing Howell v. State, 860 So.2d 704, 764 (¶ 212) (Miss. 2003)).

2024We review “the trial court’s decision to admit or exclude evidence under an abuse of discretion standard of review.” Smith v. State, 986 So. 2d 290, 295 (¶12) (Miss. 2008) (citing Jones v. State, 962 So. 2d 1263, 1268 (¶21) (Miss. 2007)).

2024“This Court reviews the trial court’s decision to admit or exclude evidence under an abuse of discretion standard of review.” Deeds v. State, 27 So. 3d 1135, 1140-41 (¶15) (Miss. 2009) (quoting Smith v. State, 986 So. 2d 290, 295 (¶12) (Miss. 2008)).

2021This Court reviews such determinations under an abuse of discretion standard and unless convinced that the trial judge abused his discretion, we are without authority to reverse.” Wangler v. Wangler, 294 So. 3d 1138 , 1140 (¶6) (Miss. 2020) (brackets omitted) (quoting Church v. Massey, 697 So. 2d 407, 413 (Miss. 1997)).

2020This Court reviews such determinations under an abuse of discretion standard and unless convinced that the trial judge abused his discretion, we are without authority to reverse.” Church v. Massey, 697 So. 2d 407, 413 (Miss. 1997) (internal quotation marks omitted) (quoting McCarty v. Kellum, 667 So. 2d 1277, 1283 (Miss. 1995)). ¶7. [Mississippi] Rule [of Civil Procedure] 15(a) declares that leave to amend “shall be freely given when justice so requires”; this mandate is to be heeded . . . if the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he

2015We apply the abuse-of-discretion standard of review regarding the admission or exclusion of evidence and “will not reversé unless the error adversely affects a substantial right of a party.” Whitten v. Cox, 799 So.2d 1, 13 (¶ 27) (Miss.2000) (quoting Floyd v. City of Crystal Springs, 749 So.2d 110, 113 (¶ 12) (Miss.1999)). ¶ 13.

2008“We review the admission or exclusion of evidence under the abuse of discretion standard of review and will not reverse unless a substantial right of the defendant is adversely affected by the improperly admitted or excluded evidence.” Young v. State, 981 So.2d 308, 313 (¶ 17) (Miss.Ct.App.2007) (citing Floyd v. City of Crystal Springs, 749 So.2d 110, 113 (¶ 12) (Miss.1999)). ¶ 12.

2024Ct. App. 2001) (citing Bank of Miss. v. S. Mem’l Park Inc., 677 So. 2d 186, 191 (Miss. 1996)) (stating “[a] trial court’s decision to award attorney’s fees is subject to the abuse of discretion standard of review”). ¶8.

2022In general, “[a] trial court’s decision on attorneys’ fees is subject to the abuse of discretion standard of review.” Bank of Miss. v. S. Mem’l Park Inc., 677 So. 2d 186, 191 (Miss. 1996).

2026Grp., L.P. v. Mitchell, 7 So. 3d 240, 243 (Miss. 2009) (citing Whitten v. Cox, 799 So. 2d 1, 13 (Miss. 4 2000)).

2015We apply the abuse-of-discretion standard of review regarding the admission or exclusion of evidence and “will not reversé unless the error adversely affects a substantial right of a party.” Whitten v. Cox, 799 So.2d 1, 13 (¶ 27) (Miss.2000) (quoting Floyd v. City of Crystal Springs, 749 So.2d 110, 113 (¶ 12) (Miss.1999)). ¶ 13.

2026“When reviewing a hearsay challenge, this Court applies the abuse-of-discretion standard.” Augustine v. State, 337 So. 3d 646 , 649 (Miss. 2022) (citing White v. State, 48 So. 3d 454, 456 (Miss. 2010)).

2023“When reviewing a hearsay challenge, this Court applies the abuse-of-discretion standard.” Augustine v. State, 337 So. 3d 646 , 649 (Miss. 2022) (citing White v. State, 48 So. 3d 454, 456 (Miss. 2010)).

2014This Court reviews “the admission or exclusion of evidence under an abuse-of-discretion standard of review.” Clark v. State, 122 So.3d 129, 132 (¶ 10) (Miss.Ct.App.2013) (citing Jones v. State, 904 So.2d 149,152 (¶ 7) (Miss.2005)). ¶ 25.

2011“We review the admission or exclusion of evidence under an abuse of discretion standard of review.” Madden v. State, 42 So.3d 566, 572 (¶27) (Miss.Ct.App.2010) (citing Jones v. State, 904 So.2d 149, 152 (¶ 7) (Miss.2005)).

2024Moss v. Batesville Casket Co., Inc., 935 So. 2d 393, 404 (Miss. 2006) (“As the trial court operates as the gatekeeper as to the admissibility of expert testimony, we examine the trial court’s decision under an abuse of discretion standard of review.” (citing Tunica Cnty. v. Matthews, 926 So. 2d 209, 212-13 (Miss. 2006))). ¶88.

2021“An abuse-of-discretion standard of review is applied to the trial court’s admission or exclusion of evidence.” Hartel v. Pruett, 998 So. 2d 979, 984 (Miss. 2008) (citing Tunica Cnty. v. Matthews, 926 So. 2d 209, 212 (Miss. 2006)).

2024“When reviewing evidentiary rulings made by the trial court, this Court employs an abuse of discretion standard.” Brown v. State, 965 So. 2d 1023,1026 (¶10) (Miss. 2007). 2 We discuss Officer Brown’s testimony in detail later in the opinion. 7 DISCUSSION (1) Amending the Indictment ¶18.

2023“When reviewing the evidentiary rulings of a trial court, this Court employs an abuse of discretion standard.” Walters v. State, 206 So. 3d 524, 534-35 (¶30) (Miss. 2016) (citing Brown v. State, 965 So. 2d 1023, 1026 (¶10) (Miss. 2007)).

2026“This Court applies an abuse-of-discretion standard when reviewing a trial judge’s decision regarding the admission or exclusion of evidence.” Stone v. State, 94 So. 3d 1078, 1081 (¶9) (Miss. 2012) (citing Hargett v. State, 62 So. 3d 950, 952 (Miss. 2011)).

2014The Mississippi Supreme Court has held that “[a]dmission or exclusion of evidence will be [re]viewed on an abuse of discretion standard.” Hargett v. State, 62 So.3d 950, 952 (¶ 7) (Miss.2011).

2012We will affirm the trial court’s ruling “[u]nless we can safely say that the trial court abused its judicial discretion in allowing or disallowing evidence so as to prejudice a party in a civil case, or the accused in a criminal case.” Jones v. State, 918 So.2d 1220, 1223 (¶ 9) (Miss.2005). ¶ 24.

2012We will affirm the trial court’s ruling “[ujnless we can safely say that the trial court abused its judicial discretion in allowing or disallowing evidence so as to prejudice a party in a civil case, or the accused in a criminal case.” Jones, 918 So.2d at 1223 (¶ 9).

2009“Where such error is found, this Court ‘will not reverse unless the error adversely affects a substantial right of a party.’” Tate v. State, 912 So.2d 919, 924 (¶ 9) (Miss.2005) (quoting Ladnier v. State, 878 So.2d 926, 933 (¶ 27) (Miss.2004)). ¶ 46.

2008We review "motions for mistrial under an abuse of discretion standard." Parks v. State , 930 So.2d 383 , 386 (¶ 8) (Miss. 2006) (citing Tate v. State , 912 So.2d 919 , 932 (¶ 41) (Miss. 2005)).

2026Victory v. State, 83 So. 3d 370, 373 (Miss. 2012) (citing Newell v. State, 49 So. 3d 66, 73 (Miss. 2010)).

2021We therefore review a trial court’s decision to grant or deny an instruction using an abuse of discretion standard. 4 Newell v. State, 49 So. 3d 66, 73 (¶20) (Miss. 2010).

2018Power & Light Co. v. Cook, 832 So. 2d 474, 486 (Miss. 2002)). 2.

2018Power & Light Co. v. Cook , 832 So.2d 474 , 486 (Miss. 2002) ). 2.

2024“An abuse-of-discretion standard of review is applied to the trial court’s admission or exclusion of evidence.” Murray v. Gray, 322 So. 3d 451 , 457 (¶14) (Miss. 2021) (citing Hartel v. Pruett, 998 So. 2d 979, 984 (¶10) (Miss. 2008)). ¶56.

2021“An abuse-of-discretion standard of review is applied to the trial court’s admission or exclusion of evidence.” Hartel v. Pruett, 998 So. 2d 979, 984 (Miss. 2008) (citing Tunica Cnty. v. Matthews, 926 So. 2d 209, 212 (Miss. 2006)).

2024“This Court reviews the grant or refusal of a jury instruction ‘under an abuse-of- discretion standard.’” Shelton v. State, 214 So. 3d 250, 258 (Miss. 2017) (quoting McInnis v. State, 61 So. 3d 872, 875 (Miss. 2011)).

2018"This court reviews a grant or denial of a jury instruction under an abuse-of-discretion standard." McInnis v. State , 61 So.3d 872 , 875 (¶ 10) (Miss. 2011). ¶ 47.

2023“This Court reviews jury instructions under an abuse-of-discretion standard.” Roby v. State, 183 So. 3d 857, 872 (Miss. 2016) (citing Thompson v. State, 119 So. 3d 1007, 1009 (Miss. 2013)).

2023“This Court reviews jury instructions under an abuse-of- discretion standard.” Roby v. State, 183 So. 3d 857, 872 (Miss. 2016) (citing Thompson v. State, 119 So. 3d 1007, 1009 (Miss. 2013)).

2023As stated, “[t]he admission of evidence is reviewed under the abuse-of-discretion standard.” Smith, 326 So. 3d at 517 (¶17) (citing Boggs, 188 So. 3d at 519 (¶9)). ¶17.

2023Specifically, he claims that his “trial was prejudiced by the admission of other-bad-acts evidence of a prior alleged instance of abuse and the presence of pornography on his phone.” A circuit court’s admission of evidence is reviewed on appeal “under the abuse-of-discretion standard.” Boggs v. State, 188 So. 3d 515, 519 (¶9) (Miss. 2016) (citing Smith v. State, 136 4 Pertinent testimony given at trial by Rene, Baer, Officer Hunt, and Detective McCain has been referenced and quoted in the facts.

2021This Court “review[s] a chancellor’s decision under an abuse of discretion standard.” Id. (citing McNeil, 753 So. 2d at 1063 ).

2021This Court “review[s] a chancellor’s decision under an abuse of discretion standard.” Id. (citing McNeil, 753 So. 2d at 1063 ).

2024Additionally, “[t]his Court reviews a trial court’s denial of a Rule 59 motion under an abuse of discretion standard.” Brooks v. Roberts, 882 So. 2d 229, 233 (¶15) (Miss. 2004) (referencing M.R.C.P. 59).

2023We “review[] a trial court’s denial of a Rule 59 motion under an abuse of discretion standard.” Id.

2024We review “the trial court’s decision to admit or exclude evidence under an abuse of discretion standard of review.” Smith v. State, 986 So. 2d 290, 295 (¶12) (Miss. 2008) (citing Jones v. State, 962 So. 2d 1263, 1268 (¶21) (Miss. 2007)).

2020“This Court reviews the trial court’s decision to admit or exclude evidence under an abuse of discretion standard of review.” Smith v. State, 986 So. 2d 290, 295 (Miss. 2008) (citing Jones v. State, 962 So. 2d 1263, 1268 (Miss. 2007)).

2020“A trial judge enjoys a great deal of discretion as to the relevancy and admissibility of evidence.” Id. (quoting Jefferson v. State, 818 So. 2d 1099, 1104 (¶6) (Miss. 2002)).

2010“We review the trial judge’s limiting of cross-examination under an abuse of discretion standard.” Hampton v. State, 966 So.2d 863, 867 (¶ 15) (Miss.Ct.App.2007) (citing Jefferson v. State, 818 So.2d 1099, 1109 (¶ 24) (Miss.2002)). ¶ 19.