actions defense (Mississippi) · Go Syfert
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actions defense in Mississippi

35 Mississippi opinions name it 2 courts 1993–2025 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 (6)

CaseFollowedCited
Cole v. Stategreen
miss · 1995 · cited in 12 Mississippi opinions naming this issue, 1993–2016
2 sentences

2016Moreover, there is always “a strong, yet rebuttable, presumption that the actions by defense counsel are reasonably strategic.” Id. (citing Cole, 666 So.2d at 775 ).

2002Keeping in mind that there is a strong yet rebuttable, presumption that the actions of defense counsel were reasonable and strategic, Cole v. State, 666 So.2d 767, 775 (Miss.1995), because defense counsel is presumed competent.

812
The PEOPLE v. Bendergreen
ill · 1960 · cited in 3 Mississippi opinions naming this issue, 2018–2025
2 sentences

2025Thomas distinguishes cases in which the actions of defense counsel were “inadvertent, negligent, or without strategic or tactical grounds.” Id. at 347 (citing People v. Bender, 169 N.E.2d 328, 333 (Ill. 1960); State v. Dozier, 255 S.E.2d 552, 555 (W.

2018People v. Bender , 20 Ill.2d 45 , 169 N.E.2d 328 , 333 (1960) (declining to apply the invited-error doctrine "[w]hen the State, the defense, and the court, all proceeded on an entirely erroneous belief ...."); State v. Dozier , 163 W.Va. 192 , 255 S.E.2d 552 , 555 (1979) ("[I]t would be a travesty of justice to hold the accused invited the error ... [as] it clearly appears ... that the instruction was an unfortunate mistake.").

33
State v. Doziergreen
wva · 1979 · cited in 3 Mississippi opinions naming this issue, 2018–2025
2 sentences

2025Thomas distinguishes cases in which the actions of defense counsel were “inadvertent, negligent, or without strategic or tactical grounds.” Id. at 347 (citing People v. Bender, 169 N.E.2d 328, 333 (Ill. 1960); State v. Dozier, 255 S.E.2d 552, 555 (W.

2018People v. Bender , 20 Ill.2d 45 , 169 N.E.2d 328 , 333 (1960) (declining to apply the invited-error doctrine "[w]hen the State, the defense, and the court, all proceeded on an entirely erroneous belief ...."); State v. Dozier , 163 W.Va. 192 , 255 S.E.2d 552 , 555 (1979) ("[I]t would be a travesty of justice to hold the accused invited the error ... [as] it clearly appears ... that the instruction was an unfortunate mistake.").

33
Williams v. Stategreen
missctapp · 2001 · cited in 2 Mississippi opinions naming this issue, 2016–2019
2 sentences

2019Similarly, in Williams, we held that defense counsel “was under no duty to stipulate to . . . past convictions,” 819 So. 2d at 538 (¶18), and found that the defendant’s ineffective- counsel contentions in this regard did not rebut the “strong . . . presumption that the actions by defense counsel [are] reasonably strategic.” Id.

2019Similarly, in Williams, we held that defense counsel “was under no duty to stipulate to . . . past convictions,” 819 So. 2d at 538 (¶18), and found that the defendant’s ineffective- counsel contentions in this regard did not rebut the “strong . . . presumption that the actions by defense counsel [are] reasonably strategic.” Id.

12
Reynolds v. Stategreen
missctapp · 2014 · cited in 1 Mississippi opinions naming this issue, 2019–2019
1 sentence

2019See Reynolds v. State, 136 So. 3d 452, 457 (¶11) (Miss.

11
Foster v. Stategreen
miss · 1996 · cited in 1 Mississippi opinions naming this issue, 2002–2002
1 sentence

2002Foster v. State, 687 So.2d 1124, 1130 (Miss.1996). ¶ 37.

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 (7)

CaseCitedYears
Taylor v. State green
miss · 1996
2 sentences

2010“There is a strong, yet rebuttable, presumption that the actions by the defense counsel were reasonable and strategic.” Taylor, 682 So.2d at 363 . ¶ 18.

2010“There is a strong, yet rebuttable, presumption that the actions by the defense counsel were reasonable and strategic.” Taylor, 682 So.2d at 363 . ¶ 22.

111994–2010
Childs v. HANCOCK COUNTY BD. OF SUP'RS green
miss · 2009
2 sentences

2010Childs, 1 So.3d at 859 .

2010Childs, 1 So.3d at 859 .

22009–2010
Hodges v. State green
miss · 2005
2 sentences

2007Hodges, 912 So.2d at 758-59 .

1997Hodges, 912 So. 2d at 758-59 .

21997–2007
Ratliff v. State green
missctapp · 1999
2 sentences

2003Id.

2003Id. *732 ¶ 3.

22003–2003
City of Clarksdale v. Mississippi Emp. SEC. Com'n green
miss · 1997
2 sentences

1998City of Clarksdale, 699 So.2d at 580 .

1997City of Clarksdale, 699 So. 2d at 580 .

21997–1998
David Thomas v. State of Mississippi green
miss · 2018
1 sentence

2025Thomas distinguishes cases in which the actions of defense counsel were “inadvertent, negligent, or without strategic or tactical grounds.” Id. at 347 (citing People v. Bender, 169 N.E.2d 328, 333 (Ill. 1960); State v. Dozier, 255 S.E.2d 552, 555 (W.

12025–2025
Eakes v. State green
miss · 1995
1 sentence

1999"Only where there is a reasonable probability that without counsel's error, the outcome of the trial would have been different, will this Court find ineffective representation." Eakes, 665 So.2d at 873 . ¶ 22.

11999–1999

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-19 (6) MS § Miss. Code Ann. § 99-39-5 (3) MS § Miss. Code Ann. § 99-39-7 (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

MS 35 (1993–2025) TX 21 (1985–2025) IL 20 (1983–2026) CA 17 (1987–2024) NY 16 (1916–2023) CT 10 (1984–2025) OH 9 (1985–2018) PA 9 (1980–2024) UT 7 (1988–2019) NM 7 (2005–2021) MA 7 (1980–2012) GA 6 (1982–2011) MO 6 (1981–2019) MI 5 (1981–2024) FL 5 (1979–2007) IN 5 (1991–2012) OK 5 (1910–1996) NV 4 (1979–2017) DE 4 (1986–2019) OR 4 (1998–2023) CO 4 (1995–2002) MN 4 (1955–2012) VA 4 (1991–2024) LA 4 (1981–2023) TN 3 (2008–2024) DC 3 (1988–2010) VT 3 (1982–2004) KY 3 (2003–2021) WV 3 (1986–2017) MD 3 (1993–2013) NE 2 (1998–2010) WI 2 (1981–2004) AK 2 (1992–2025) WA 2 (1974–2018) MT 2 (1978–2004) ID 2 (2011–2011) IA 2 (2025–2026) AL 2 (1977–2010)

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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