modified rule (Mississippi) · Go Syfert
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modified rule in Mississippi

5 Mississippi opinions name it 1 courts 1988–2014 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 (4)

CaseFollowedCited
Jackson v. Schwartzgreen
miss · 1970 · cited in 2 Mississippi opinions naming this issue, 1993–1996
2 sentences

1996Although previously a circuit judge could render a binding oral pronouncement, the Court later modified that rule and held that the "date of rendition of the judgment of the circuit court in term time, as well as in vacation, is the date when the judgment is signed by the judge and filed with the clerk for entry on the minutes... ." Banks v. Banks, 511 So.2d 933, 934-35 (Miss. 1987) (quoting Jackson v. Schwartz, 240 So.2d 60, 61-62 (Miss. 1970)).

1993Although previously a circuit judge could render a binding oral pronouncement, the Court later modified that rule and held that the "date of rendition of the judgment of the circuit court in term time, as well as in vacation, is the date when the judgment is signed by the judge and filed with the clerk for entry on the minutes...." Banks v. Banks, 511 So.2d 933, 934-35 (Miss.1987) (quoting Jackson v. Schwartz, 240 So.2d 60, 61-62 (Miss.1970)). ¶6.

22
Banks v. Banksgreen
miss · 1987 · cited in 2 Mississippi opinions naming this issue, 1993–1996
2 sentences

1996Although previously a circuit judge could render a binding oral pronouncement, the Court later modified that rule and held that the "date of rendition of the judgment of the circuit court in term time, as well as in vacation, is the date when the judgment is signed by the judge and filed with the clerk for entry on the minutes... ." Banks v. Banks, 511 So.2d 933, 934-35 (Miss. 1987) (quoting Jackson v. Schwartz, 240 So.2d 60, 61-62 (Miss. 1970)).

1993Although previously a circuit judge could render a binding oral pronouncement, the Court later modified that rule and held that the "date of rendition of the judgment of the circuit court in term time, as well as in vacation, is the date when the judgment is signed by the judge and filed with the clerk for entry on the minutes...." Banks v. Banks, 511 So.2d 933, 934-35 (Miss.1987) (quoting Jackson v. Schwartz, 240 So.2d 60, 61-62 (Miss.1970)). ¶6.

22
United States v. Frank W. Catheygreen
ca5 · 1979 · cited in 1 Mississippi opinions naming this issue, 2014–2014
1 sentence

2014The Fifth Circuit “has never decided whether to adopt the constitutional rule laid down in Basurto or the modified rule of Bracy.” Cathey, 591 F.2d at 271-72 (footnote omitted). ¶ 35.

11
Cunningham v. Stategreen
miss · 1985 · cited in 1 Mississippi opinions naming this issue, 1988–1988
1 sentence

1988In Cunningham v. State, 467 So.2d 902, 906 (Miss. 1985), this Court modified that rule as follows: We are of the opinion that the rule in Anderson should be modified so that when a prosecutrix states the name of her attacker, and the statement appears to be spontaneous and without indication of manufacture, it should be received in *151 evidence as an exception to the hearsay rule.

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 (1)

CaseCitedYears
Newton v. State green
· 1956
2 sentences

1994Newton, 229 Miss. at 273 , 90 So.2d at 377 .

1994Newton, 229 Miss. at 273 , 90 So.2d at 377 .

11994–1994

Where else courts name it

CA 156 (1909–2026) IL 59 (1879–2026) TX 41 (1915–2025) FL 32 (1938–2025) NJ 32 (1978–2022) NM 24 (1974–2025) MO 21 (1889–2023) IN 20 (1911–2023) OH 20 (1936–2023) PA 20 (1940–2024) ID 15 (1990–2021) WA 15 (1927–2026) CO 14 (1877–2026) OR 13 (1879–2026) MD 13 (1925–2025) CT 13 (1959–2016) MI 12 (1978–2025) WV 11 (1912–2023) AL 10 (1911–2013) OK 10 (1935–2012) WI 8 (1970–2026) AZ 8 (1934–2007) MN 8 (1931–2024) MA 7 (1987–2019) AR 7 (1905–2002) KS 6 (1931–2017) IA 6 (1908–2020) NV 6 (2012–2018) NY 6 (1960–2026) KY 6 (1933–2019) DE 5 (1959–1988) MS 5 (1988–2014) UT 5 (1985–2024) SD 5 (1896–2024) ND 5 (1893–2023) GA 4 (1948–2025) VA 4 (1885–1990) NC 4 (1924–2026) MT 4 (1921–2012) HI 4 (2010–2016) AK 3 (1978–2022) LA 3 (1997–2013) NH 2 (2005–2011) WY 2 (1973–1973) VT 2 (2007–2009) TN 2 (2002–2015) RI 2 (1981–1987) DC 2 (1982–2001) SC 2 (2016–2020)

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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