Topic: clearly erroneous or against the overwhelming weight of the… · Go Syfert
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Topic #1716

14 canonical passages across 12 cases, quoted by 165 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Tanner v. State.

#Case FlagCanonical passage Citers
1 Tanner v. State Anchor
miss · 2000
green “clearly erroneous or against the overwhelming weight of the evidence.” 34
2 Walker v. State
miss · 1995
green “if no contemporaneous objection is made, the error, if any, is waived.” 25
3 Pinkney v. State
miss · 1988
green “reasonable and fair minded jurors could only find the accused not guilty.” 19
4 Stewart v. State
miss · 1995
green “a peremptory challenge does not have to be supported by the same degree of justification required for a challenge for cause.” 13
5 Ahmad v. State
miss · 1992
green “court should also be very careful in limiting free play of ideas, imagery, and personalities of counsel in their argument to a jury.” 11
6 Stewart v. State
miss · 1995
green “despite the importance of demeanor evidence, the trial court must consider all the relevant circumstances, such as the way prior peremptory strikes have been used and the nature of the questions poised on voir dire.” 10
7 Stewart v. State
miss · 1995
green “one of the reasons the trial court is granted such deference in a batson issue is because the demeanor of the attorney making the challenge is often the best evidence on the issue of race neutrality.” 10
8 Burge v. State
miss · 1985
green “the motion for a new trial is addressed to the sound discretion of the trial court.” 9
9 Manning v. State
miss · 1999
green “when the prosecution gives race-neutral reasons for its peremptory strikes, the sufficiency of the defendant's prima facie case becomes moot.” 8
10 Woodward v. State
miss · 1997
green “whether there was a prima facie showing that race was the motivation for the state's peremptory challenges.” 6
11 Coleman v. State
miss · 1997
green “based, in a large part, on credibility.” 6
12 Malone v. State
miss · 1986
green “will reverse only when it is convinced that the trial judge has abused his discretion.” 5
13 Singleton v. State
miss · 1988
green “a defendant cannot complain on appeal of alleged errors invited or induced by himself.” 5
14 Palm v. State
miss · 1999
green “finding that a confession was voluntary and admissible as long as the trial judge applies the correct principles of law and the finding is factually supported by the evidence.” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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