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

5 Mississippi opinions name it 2 courts 1990–2003 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 (2)

CaseFollowedCited
Willie v. Statered
miss · 1991 · cited in 2 Mississippi opinions naming this issue, 1990–1996
2 sentences

1996Prospective Application of Wille v. State In his final assignment of error, Conner contends that this Court violated the principle of meaningful appellate review by applying prospectively the finding of Willie v. State, 585 So.2d 660, 661 (Miss. 1991) that a jury could not be instructed on both robbery and pecuniary gain as separate aggravating circumstances.

1990In his final assignment of error, Conner contends that this Court violated the principle of meaningful appellate review by applying prospectively the finding of Willie v. State, 585 So. 2d 660, 661 (Miss. 1991) that a jury could not be instructed on both robbery and pecuniary gain as separate aggravating circumstances.

22
Eakes v. Stategreen
miss · 1995 · cited in 1 Mississippi opinions naming this issue, 2003–2003
1 sentence

2003Byars claims this violated the rule from Eakes v. State, 665 So.2d 852, 856 (Miss.1995), which states, "The reliability of the statement must be judged independently of any corroborating evidence; otherwise, *969 the confrontation clause may be violated." The supreme court addressed the issue of reliability: While no mechanical test is available, factors which should be considered in judging reliability are: spontaneity and consistent repetition; mental state of declarant; use of terminology unexpected of a child of similar age; and lack of motive to fabricate.

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
Batson v. Kentucky green
scotus · 1986
2 sentences

2002With this first issue, Kelly argues that the court violated the rule from Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), in allowing the State to strike a black juror for cause.

2002With this first issue, Kelly argues that the court violated the rule from Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), in allowing the State to strike a black juror for cause.

21995–2002
State v. Lozano green
fladistctapp · 1993
1 sentence

1995This violated the rule in Batson v. Kentucky, 476 U.S. 79, 86 , 106 S.Ct. 1712, 1717 , 90 L.Ed.2d 69 (1986) because "purposeful racial discrimination in selection of the venire violates a defendant's right to equal protection because it denies him the protection that a trial by jury is intended to secure." Lozano, 616 So.2d at 75-76 .

11995–1995

Where else courts name it

CA 49 (1910–2025) MI 24 (1937–2024) TX 19 (1977–2019) FL 17 (1960–2026) PA 15 (1914–2020) OH 14 (1985–2026) IN 11 (1898–2019) UT 10 (1998–2026) NY 10 (1909–2019) IL 10 (1976–2025) TN 8 (1971–2017) AL 6 (1863–2000) GA 5 (1982–2016) NC 5 (1915–2003) MS 5 (1990–2003) OR 5 (2009–2025) VA 5 (1967–2026) AZ 5 (1967–2016) NH 4 (1984–2016) KY 4 (1941–2023) WA 4 (2008–2026) KS 3 (1914–2006) IA 3 (1978–2024) OK 3 (1968–1996) NM 3 (1969–1977) MO 3 (1949–1985) ID 2 (1991–2026) CO 2 (2016–2016) MT 2 (1984–1994) WV 2 (1997–2014) WY 2 (1986–2012) MD 2 (1998–2010) LA 2 (1976–1997) AK 2 (1966–1987)

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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