two part test (Mississippi) · Go Syfert
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two part test in Mississippi

41 Mississippi opinions name it 2 courts 1987–2024 1 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 (24)

CaseFollowedCited
Stringer v. Stategreen
miss · 1984 · cited in 6 Mississippi opinions naming this issue, 1993–2003
2 sentences

2003Broderick must meet the two part test set forth in Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) and followed by the Mississippi Supreme Court in Stringer v. State, 454 So.2d 468, 476 (Miss.1984).

1999To prevail on the *1251 issue of ineffective assistance of counsel, a claimant must overcome the two part test applied in Stringer v. State, 454 So.2d 468 (Miss.1984), adopted from Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

56
Neal v. Stategreen
miss · 1988 · cited in 4 Mississippi opinions naming this issue, 2000–2001
2 sentences

2001The two part test set out in Strickland is whether counsel's performance was deficient and, if so, whether the deficiency prejudiced the defendant to the point that "our confidence in the correctness of the outcome is undermined." Neal v. State, 525 So.2d 1279, 1281 (Miss.1987).

2000The two part test set out in Strickland is whether counsel’s performance was deficient and, if so, whether the deficiency prejudiced the defendant to the point that “our confidence in the correctness of the outcome is undermined.” Neal v. State, 525 So.2d 1279, 1281 (Miss.1987).

44
Hill v. Lockhartgreen
scotus · 1985 · cited in 3 Mississippi opinions naming this issue, 1989–1995
2 sentences

1995There, this Court held: It is clear the two part test articulated in Strickland v. Washington, 466 U.S. 668 (1984) "applies to challenges to guilty pleas based on ineffective assistance of counsel." Leatherwood v. State, 539 So. 2d 1378, 1381 (Miss.1989) quoting from Hill v. Lockhart, 474 U.S. 52, 58 , 106 S.Ct. 366, 370 , 88 L.Ed.2d 203, 210 (1985).

1995There, this Court held: It is clear the two part test articulated in Strickland v. Washington, 466 U.S. 668 (1984) "applies to challenges to guilty pleas based on ineffective assistance of counsel." Leatherwood v. State, 539 So. 2d 1378, 1381 (Miss.1989) quoting from Hill v. Lockhart, 474 U.S. 52, 58 , 106 S.Ct. 366, 370 , 88 L.Ed.2d 203, 210 (1985).

33
Jones v. Stategreen
miss · 1996 · cited in 2 Mississippi opinions naming this issue, 1996–2007
2 sentences

2007The matter testified to must be within the witnesses [sic] personal knowledge, and the testimony must be helpful to the trier of fact in resolving the issue." Bower v. Bower, 758 So.2d 405, 413 (¶ 37) (Miss. 2000); Jones v. State, 678 So.2d 707, 710 (Miss.1996). ¶ 58.

1996In Jones v. State, 678 So. 2d 707, 710 (Miss. 1996), the Mississippi Supreme Court explained the two- part test for admissibility of lay witness opinion testimony, stating that: First, the testimony must assist the trier of fact.

22
Brooks v. Stategreen
miss · 1990 · cited in 2 Mississippi opinions naming this issue, 2005–2005
2 sentences

2005See Brooks v. State, 573 So.2d 1350, 1353 (Miss.1990).

2005See Brooks v. State, 573 So.2d 1350, 1353 (1990).

22
Hiter v. Stategreen
miss · 1995 · cited in 2 Mississippi opinions naming this issue, 1990–2004
2 sentences

2004Hiter v. State, 660 So.2d 961, 965 (Miss.1995).

1990Hiter v. State, 660 So.2d 961, 965 (Miss. 1995).

22
Wells v. Stategreen
miss · 1992 · cited in 2 Mississippi opinions naming this issue, 1997–2001
2 sentences

2001M.R.E. 701. cmt.; see also Wells v. State, 604 So.2d 271, 278-9 (Miss.1992) (applying this same two part test).

1997M.R.E. 701. cmt.; see also Wells v. State, 604 So. 2d 271, 278-79 (Miss.1992) (applying this same two- part test).

22
McQuarter v. Stategreen
miss · 1990 · cited in 2 Mississippi opinions naming this issue, 2000–2000
2 sentences

2000A strong, but rebuttable presumption exists that "counsel's conduct falls within a broad range of reasonable professional assistance." McQuarter v. State, 574 So.2d 685, 687 (Miss.1990).

2000A strong, but rebuttable presumption exists that “counsel’s conduct falls within a broad range of reasonable professional assistance.” McQuarter v. State, 574 So.2d 685, 687 (Miss.1990).

22
Leatherwood v. Stategreen
miss · 1989 · cited in 2 Mississippi opinions naming this issue, 1990–1995
2 sentences

1995There, this Court held: It is clear the two part test articulated in Strickland v. Washington, 466 U.S. 668 (1984) "applies to challenges to guilty pleas based on ineffective assistance of counsel." Leatherwood v. State, 539 So. 2d 1378, 1381 (Miss.1989) quoting from Hill v. Lockhart, 474 U.S. 52, 58 , 106 S.Ct. 366, 370 , 88 L.Ed.2d 203, 210 (1985).

1990It is clear the two part test articulated in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) "applies to challenges to guilty pleas based on ineffective assistance of counsel." Leatherwood v. State, 539 So.2d 1378, 1381 (Miss. 1989) quoting from Hill v. Lockhart, 474 U.S. 52, 58 , 106 S.Ct. 366, 370 , 88 L.Ed.2d 203, 210 (1985).

22
Crawford v. Stategreen
miss · 2000 · cited in 2 Mississippi opinions naming this issue, 2001–2006
2 sentences

2006"The evidence offered must (1) be relevant to prove a material issue other than the defendant's character; and (2) the probative value of the evidence must out-weigh the prejudicial effect." Cratuford v. State , 754 So.2d 1211 (¶ 23) (Miss. 2000).

2001“The evidence offered must (1) be relevant to prove a material issue other than the defendant's character; and (2) the probative value of the evidence must outweigh the prejudicial effect." Crawford v. State, 754 So.2d 1211, 1220 (Miss. 2000) (citation omitted).

12
Hemphill v. Mississippi State Highway Commissiongreen
miss · 1962 · cited in 1 Mississippi opinions naming this issue, 2019–2019
2 sentences

2019The Hemphill Court wrote that "[t]he owner of an executory interest has certain limited rights to enjoin the possessory owner from waste of the inheritance, and to recover damages for injuries which diminish substantially its value." Hemphill , 145 So.2d at 461 .

2019See Hemphill , 145 So.2d at 464 (discussing that "[t]he owner of a future interest must fulfill two requirements in order to receive compensation.").

11
Hennington v. Stategreen
miss · 1997 · cited in 1 Mississippi opinions naming this issue, 2008–2008
1 sentence

2008In cases of child sexual abuse, “[t]he scope of this exception has been specifically held to include the identification of the purported abuser under the theory that a part of the treatment of a sexually-abused child includes reasonable efforts to eliminate the abuser’s access to the child.” Rowlett v. State, 791 So.2d 319, 321 (¶ 4) (Miss.Ct.App.2001) (citing Hennington v. State, 702 So.2d 403, 415 (¶ 49) (Miss.1997)). ¶ 22.

11
Rowlett v. Stategreen
missctapp · 2001 · cited in 1 Mississippi opinions naming this issue, 2008–2008
1 sentence

2008In cases of child sexual abuse, “[t]he scope of this exception has been specifically held to include the identification of the purported abuser under the theory that a part of the treatment of a sexually-abused child includes reasonable efforts to eliminate the abuser’s access to the child.” Rowlett v. State, 791 So.2d 319, 321 (¶ 4) (Miss.Ct.App.2001) (citing Hennington v. State, 702 So.2d 403, 415 (¶ 49) (Miss.1997)). ¶ 22.

11
Rice v. Stategreen
missctapp · 2001 · cited in 1 Mississippi opinions naming this issue, 2008–2008
1 sentence

2008“Before admitting evidence which falls in the medical diagnosis hearsay exception pursuant to M.R.E. 803(4), a two part test must be met: the declarant’s motive in making the statement must be consistent with the purposes of promoting *646 treatment; and ... the content of the statement must be such as is reasonably relied on by a physician in treatment.” Rice v. State, 815 So.2d 1227, 1229 (¶ 7) (Miss.Ct.App.2001) (internal citations omitted). ¶ 21.

11
Bower v. Bowergreen
miss · 2000 · cited in 1 Mississippi opinions naming this issue, 2007–2007
1 sentence

2007The matter testified to must be within the witnesses [sic] personal knowledge, and the testimony must be helpful to the trier of fact in resolving the issue." Bower v. Bower, 758 So.2d 405, 413 (¶ 37) (Miss. 2000); Jones v. State, 678 So.2d 707, 710 (Miss.1996). ¶ 58.

11
Jones v. Stategreen
miss · 1992 · cited in 1 Mississippi opinions naming this issue, 2001–2001
1 sentence

2001"Before admitting evidence which falls in the medical diagnosis hearsay exception pursuant to M.R.E. 803(4), a two part test must be met: `the declarant's motive in making the statement must be consistent with the purposes of promoting treatment; and ... the content of the statement must be such as is reasonably relied on by a physician in treatment.'" Doe v. Doe, 644 So.2d 1199, 1206 (Miss. 1994) (citing Jones v. State, 606 So.2d 1051, 1056 (Miss.1992)). ¶ 8.

11
Doe v. Doegreen
miss · 1994 · cited in 1 Mississippi opinions naming this issue, 2001–2001
1 sentence

2001"Before admitting evidence which falls in the medical diagnosis hearsay exception pursuant to M.R.E. 803(4), a two part test must be met: `the declarant's motive in making the statement must be consistent with the purposes of promoting treatment; and ... the content of the statement must be such as is reasonably relied on by a physician in treatment.'" Doe v. Doe, 644 So.2d 1199, 1206 (Miss. 1994) (citing Jones v. State, 606 So.2d 1051, 1056 (Miss.1992)). ¶ 8.

11
Taylor v. Stategreen
miss · 1996 · cited in 1 Mississippi opinions naming this issue, 1999–1999
1 sentence

1999In addition, "the prosecution's destruction of evidence must not have been in bad faith." Tolbert, 511 So.2d at 1372 ; see also Taylor, 672 So.2d at 1271 (citing Tolbert). ¶9.

11
Phillips v. Phillipsgreen
miss · 1989 · cited in 1 Mississippi opinions naming this issue, 1995–1995
1 sentence

1995Leonna would have this Court apply the two part test for modification as stated in its earlier holding of Phillips v. Phillips, 555 So. 2d 698, 700 (Miss. 1989).(1) This is a case involving an initial determination of custody, not a modification.

11
Odom v. Stategreen
miss · 1986 · cited in 1 Mississippi opinions naming this issue, 1989–1989
11
Reynolds v. Stategreen
miss · 1988 · cited in 1 Mississippi opinions naming this issue, 1989–1989
11
Coleman v. Stategreen
miss · 1986 · cited in 1 Mississippi opinions naming this issue, 1989–1989
1 sentence

1989This is undoubtedly the law, for the test in Strickland v. Washington "applies to challenges to guilty pleas based on ineffective assistance of counsel." Hill v. Lockhart, 474 U.S. 52, 58 , 106 S.Ct. 366, 370 , 88 L.Ed.2d 203, 210 (1985); accord Reynolds v. State, 521 So.2d 914, 918 (Miss. 1988); Odom v. State, 498 So.2d 331, 333-34 (Miss. 1986); Coleman v. State, 483 So.2d 680, 683 (Miss. 1986).

11
In re Corrugated Container Anti-Trust Litigationgreen
ca5 · 1980 · cited in 1 Mississippi opinions naming this issue, 1987–1987
11
Carl D. Wehling and Geraldine D. Wehling v. Columbia Broadcasting Systemgreen
ca5 · 1980 · cited in 1 Mississippi opinions naming this issue, 1987–1987
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 (11)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2005This Court presumes counsel to be competent, and Michael has the heavy burden of showing counsel was ineffective under the two part test articulated in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

2005This Court presumes counsel to be competent, and Michael has the heavy burden of showing counsel was ineffective under the two part test articulated in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

111988–2005
Janssen Pharmaceutica, Inc. v. Armond green
miss · 2004
2 sentences

2005Armond, 866 So.2d at 1097 . ¶ 16.

2005Armond, 866 So.2d at 1097 .

42002–2005
Banks v. State green
miss · 1997
2 sentences

2001This Court made little mention of the State's bad faith or lack thereof except to note: "Although Banks is entitled to no presumption since the trial court found (on substantial evidence) that there had been no showing of any intentional effort on the part of the State to deprive the defendant of a view of the sandwich, it nevertheless seems that the bologna sandwich was obviously significant to the defense." Banks, 725 So.2d at 715 . ¶ 11.

1999This Court made little mention of the State's bad faith or lack thereof except to note: "Although Banks is entitled to no presumption since the trial court found (on substantial evidence) that there had been no showing of any intentional effort on the part of the State to deprive the defendant of a view of the sandwich, it nevertheless seems that the bologna sandwich was obviously significant to the defense." Banks, 725 So.2d at 715 . ¶11.

21999–2001
Puckett v. State green
miss · 1999
2 sentences

2000The evidence offered must (1) be relevant to prove a material issue other than the defendant's character; and (2) the probative value of the evidence must outweigh the prejudicial effect." Puckett, 737 So.2d at 365 .

1998The evidence offered must (1) be relevant to prove a material issue other than the defendant's character; and (2) the probative value of the evidence must outweigh the prejudicial effect." Puckett, 737 So.2d at 365 .

21998–2000
Samuel Wilcher, Jr. v. Lincoln County Board of Supervisors green
miss · 2018
1 sentence

2024Under the two- part test, “this Court first must ascertain whether the activity in question involved an element of choice or judgment[,]” id. (internal quotation marks omitted) (quoting Montgomery, 80 So. 3d at 795), and “[i]f so, this Court also must decide whether that choice or judgment involved social, economic, or political-policy considerations.” Id. (citing Montgomery, 80 So. 3d at 795.

12024–2024
Christian v. State green
missctapp · 2003
1 sentence

2007Pursuant to M.R.E. 602, "[a] witness may not testify to a matter unless evidence is introduced sufficient to support a finding that he has personal knowledge of the matter." As for the admissibility of Sergeant Henderson's opinion and inference testimony, it is admissible if it was "(a) rationally based on the perception of the witness, (b) helpful to the clear understanding of testimony or the determination of a fact in issue, and (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702." M.R.E. 701; Christian v. State, 859 So.2d 1068 (¶ 7) (Miss.Ct.

12007–2007
Tolbert v. State green
miss · 1987
1 sentence

1999In addition, "the prosecution's destruction of evidence must not have been in bad faith." Tolbert, 511 So.2d at 1372 ; see also Taylor, 672 So.2d at 1271 (citing Tolbert). ¶9.

11999–1999
Ellzey v. Fyr-Pruf, Inc. green
miss · 1979
1 sentence

1996Fyr-Pruf, 376 So.2d at 1333 .

11996–1996
Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. Rowley red
scotus · 1982
2 sentences

1995To determine whether the IDEA has been violated, the United States Supreme Court set forth a two- part test in Board of Education of the Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 , 102 S.Ct. 3034 , 73 L.Ed. 2d 690 (1982): "'First, has the State complied with the procedures set forth in the Act?

1995To determine whether the IDEA has been violated, the United States Supreme Court set forth a two- part test in Board of Education of the Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 , 102 S.Ct. 3034 , 73 L.Ed. 2d 690 (1982): "'First, has the State complied with the procedures set forth in the Act?

11995–1995
Perkins v. State green
miss · 1986
1 sentence

1990In order to prevail on his claim of ineffective assistance of counsel, Brooks must show, first of all, "that his counsel's performance was deficient and second, that the deficient performance prejudiced the defense so as to deprive him of a fair trial." Perkins v. State, supra, 487 So.2d at 793 .

11990–1990
Leatherwood v. State green
miss · 1985
11989–1989

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-95 (4) MS § Miss. Code Ann. § 97-5-23 (3) MS § Miss. Code Ann. § 99-39-1 (3) MS § Miss. Code Ann. § 99-39-11 (3) MS § Miss. Code Ann. § 99-39-21 (3) MS § Miss. Code Ann. § 99-39-9 (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

CT 341 (1980–2026) LA 170 (1982–2024) TX 120 (1973–2024) OH 81 (1998–2026) IN 66 (1983–2024) WA 48 (1999–2026) PA 46 (1981–2025) IL 44 (1979–2026) MS 41 (1987–2024) TN 31 (1997–2018) DE 29 (1979–2024) NC 26 (1987–2026) NJ 24 (1991–2026) OK 16 (1985–2023) MD 15 (1979–2023) OR 12 (1979–2021) MO 12 (1981–2010) SD 11 (1991–2017) CO 11 (1985–2026) VA 11 (1987–2023) GA 11 (1990–2024) WI 11 (1989–2025) CA 9 (1976–2026) MI 9 (1994–2018) IA 9 (1986–2023) FL 8 (1989–2013) UT 8 (1988–2018) MT 7 (1984–2010) MA 7 (1999–2026) AZ 6 (1984–2023) WV 5 (1992–2020) NY 5 (2004–2016) VT 5 (1987–2016) SC 4 (1988–2005) HI 4 (1993–2023) ID 4 (1988–2019) KS 4 (2020–2021) RI 4 (1974–1999) KY 3 (2002–2020) DC 3 (1980–2005) ME 3 (2000–2021) NV 3 (1988–2017) ND 3 (2004–2007) MN 2 (1986–1987) AR 2 (1985–2015) NM 2 (1969–2012)

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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