Atkins hearing in Mississippi

30 Mississippi opinions name it 1 courts 1990–2026 2 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 (17)

Case	Followed	Cited
Chase v. Stategreen miss · 2004 · cited in 12 Mississippi opinions naming this issue, 1996–2017 2 sentences 2011Thorson subsequently filed a Petition for Post-Conviction Relief with this Court, seeking an Atkins hearing pursuant to Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002); Lynch v. State, 951 So.2d 549 (Miss.2007); and Chase v. State, 873 So.2d 1013 (Miss.2004). 2011Thorson subsequently filed a Petition for Post-Conviction Relief with this Court, seeking an Atkins hearing pursuant to Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002); Lynch v. State, 951 So.2d 549 (Miss.2007); and Chase v. State, 873 So.2d 1013 (Miss.2004).	5	12
Foster v. Stategreen miss · 2003 · cited in 4 Mississippi opinions naming this issue, 2005–2017 2 sentences 2007We addressed those claims in Foster v. State, 848 So.2d 172 (Miss.2003), and directed the circuit court to conduct an Atkins hearing on the issue of Foster's mental retardation. ¶ 3. 2007We addressed those claims in Foster v. State, 848 So.2d 172 (Miss.2003), and directed the circuit court to conduct an Atkins hearing on the issue of Foster's mental retardation. ¶ 3.	4	4
Bell v. Stategreen miss · 2011 · cited in 2 Mississippi opinions naming this issue, 2010–2011 2 sentences 2011See Bell v. State, 66 So.3d 90, at 94 (¶ 11) (Miss.2011) (noting that evidence presented by the defendant's experts in support of this Court’s grant of an Atkins hearing could be further tested at the actual hearing). 2011See Bell v. State, 66 So.3d 90, at 94 (¶ 11) (Miss.2011) (noting that evidence presented by the defendant's experts in support of this Court’s grant of an Atkins hearing could be further tested at the actual hearing).	2	2
Scott v. Stategreen miss · 2006 · cited in 2 Mississippi opinions naming this issue, 2005–2007 2 sentences 2007See Scott v. State, 938 So.2d 1233 (Miss. 2006); Brown v. State, 875 So.2d 202 (Miss.2004); Conner v. State, 904 So.2d 105 (Miss.2004); Doss v. State, 882 So.2d 176 (Miss.2004); Snow v. State, 875 So.2d 188 (Miss.2004); Smith v. State, 877 So.2d 369 (Miss.2004); Chase v. State, 873 So.2d 1013 (Miss.2004); Neal v. State, 873 So.2d 1010 (Miss.2004); Carr v. State, 873 So.2d 991 (Miss.2004); Goodin v. State, 856 So.2d 267 (Miss.2003); Russell v. State, 849 So.2d 95 (Miss.2003). 2007See Scott v. State, 938 So.2d 1233 (Miss. 2006); Brown v. State, 875 So.2d 202 (Miss.2004); Conner v. State, 904 So.2d 105 (Miss.2004); Doss v. State, 882 So.2d 176 (Miss.2004); Snow v. State, 875 So.2d 188 (Miss.2004); Smith v. State, 877 So.2d 369 (Miss.2004); Chase v. State, 873 So.2d 1013 (Miss.2004); Neal v. State, 873 So.2d 1010 (Miss.2004); Carr v. State, 873 So.2d 991 (Miss.2004); Goodin v. State, 856 So.2d 267 (Miss.2003); Russell v. State, 849 So.2d 95 (Miss.2003).	2	2
Hughes v. Stategreen miss · 2004 · cited in 2 Mississippi opinions naming this issue, 1997–2007 2 sentences 2007Hughes v. State, 892 So.2d 203, 216 (Miss. 2004). 2007Hughes v. State, 892 So.2d 203, 216 (Miss. 2004).	2	2
Scott v. Stategreen miss · 2004 · cited in 2 Mississippi opinions naming this issue, 2000–2004 2 sentences 2004Scott v. State, 878 So.2d 933, 948 (Miss.2004). 2004Scott v. State, 878 So.2d 933, 948 (Miss.2004).	2	2
Byrom v. Stategreen miss · 2003 · cited in 2 Mississippi opinions naming this issue, 1990–2004 2 sentences 2004This Court has recently clarified and reaffirmed this principle in Byrom v. State, 863 So.2d 836, 847 (Miss.2004), in which we stated that "upon appellate review of cases in which we find... any error which is not specifically found to be reversible in and of itself, we shall have the discretion to determine, on a case-by-case basis as to whether such error or errors ... may when considered cumulatively require reversal because of the resulting cumulative prejudicial effect." We find that only one issue (the Atkins claim) warrants an evidentiary hearing. 2004This Court has recently clarified and reaffirmed this principle in Byrom v. State, 863 So.2d 836, 847 (Miss.2004), in which we stated that "upon appellate review of cases in which we find... any error which is not specifically found to be reversible in and of itself, we shall have the discretion to determine, on a case-by-case basis as to whether such error or errors ... may when considered cumulatively require reversal because of the resulting cumulative prejudicial effect." We find that only one issue (the Atkins claim) warrants an evidentiary hearing.	2	2
Atkins v. Virginiagreen scotus · 2002 · cited in 7 Mississippi opinions naming this issue, 2003–2017 2 sentences 2017Russell later claimed he was intellectually disabled and thus could not be executed under Atkins v. Virginia.1 In 2014, the trial court set an Atkins hearing to determine if Russell was 1 Atkins v. Virginia, 536 U.S. 304 , 122 S. Ct. 2242 , 153 L. 2017Russell later claimed he was intellectually disabled and thus could not be executed under Atkins v. Virginia.1 In 2014, the trial court set an Atkins hearing to determine if Russell was 1 Atkins v. Virginia, 536 U.S. 304 , 122 S. Ct. 2242 , 153 L.	1	7
Russell v. Stategreen miss · 2003 · cited in 3 Mississippi opinions naming this issue, 2005–2017 2 sentences 2017Russell v. State, 849 So. 2d 95, 149 (Miss. 2003) (Russell IV). 2017Russell v. State , 849 So.2d 95 , 149 (Miss. 2003) ( Russell IV ).	1	3
Anthony Carr v. State of Mississippigreen miss · 2016 · cited in 1 Mississippi opinions naming this issue, 2026–2026 2 sentences 2026Carr v. State (Carr I), 196 So. 3d 926, 929 (Miss. 2016). 2026Carr v. State (Carr I), 196 So. 3d 926, 929 (Miss. 2016).	1	1
Thorson v. Stategreen miss · 2011 · cited in 1 Mississippi opinions naming this issue, 2021–2021 2 sentences 2021Chase V, 171 So. 3d at 468 ; see also Thorson, 76 So. 3d at 683 . 14 ¶30. 2021Chase V, 171 So. 3d at 468 ; see also Thorson, 76 So. 3d at 683 . 14 ¶30.	1	1
Goodin v. Stategreen miss · 2012 · cited in 1 Mississippi opinions naming this issue, 2017–2017 2 sentences 2017See Goodin, 102 So. 3d at 1115 . ¶41. 2017See Goodin , 102 So.3d at 1115 . ¶ 41.	1	1
Foster v. Stategreen miss · 2007 · cited in 1 Mississippi opinions naming this issue, 2015–2015 2 sentences 2015Foster, 961 So.2d at 670 (¶ 1). 2015Foster, 961 So. 2d at 670 (¶ 1).	1	1
In Re: Lewisgreen ca5 · 2007 · cited in 1 Mississippi opinions naming this issue, 2011–2011 2 sentences 2011His Atkins claim is therefore barred.”); In re Lewis, 484 F.3d 793, 796 (5th Cir.2007) (“[t]he Supreme Court issued Atkins on June 20, 2002; thus, the one-year limitations period for filing a habeas application based on Atkins expired on June 20, 2003.”). 2011His Atkins claim is therefore barred.”); In re Lewis, 484 F.3d 793, 796 (5th Cir.2007) (“[t]he Supreme Court issued Atkins on June 20, 2002; thus, the one-year limitations period for filing a habeas application based on Atkins expired on June 20, 2003.”).	1	1
Bell v. Stategreen miss · 2004 · cited in 1 Mississippi opinions naming this issue, 2011–2011	1	1
Thorson v. Stategreen miss · 2007 · cited in 1 Mississippi opinions naming this issue, 2011–2011 2 sentences 2011See Thorson v. State, 994 So.2d 707, 709 (Miss.2007). 2011See Thorson v. State, 994 So.2d 707, 709 (Miss.2007).	1	1
Beaty v. Schrirogreen ca9 · 2009 · cited in 1 Mississippi opinions naming this issue, 2011–2011 2 sentences 2011S7803-05, S7877 (1995)) (noting that “Congress determined that a one-year limitations period was reasonable for federal habeas petitioners[,]” in the interest of “curbing] abuse of the writ of habeas corpus .... ”); Beaty v. Schriro, 554 F.3d 780, 785 (9th Cir.2009) (Beaty failed to “raise an Atkins claim within one year of the Court’s decision in Atkins , as required by the AEDPA. 28 U.S.C. 2244(d)(1)(C). 2011S7803-05, S7877 (1995)) (noting that “Congress determined that a one-year limitations period was reasonable for federal habeas petitioners[,]” in the interest of “curbing] abuse of the writ of habeas corpus .... ”); Beaty v. Schriro, 554 F.3d 780, 785 (9th Cir.2009) (Beaty failed to “raise an Atkins claim within one year of the Court’s decision in Atkins , as required by the AEDPA. 28 U.S.C. 2244(d)(1)(C).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (22)

Case	Cited	Years
Roper v. Simmons green scotus · 2005 2 sentences 2015While Foster’s remand for an Atkins hearing was pending, the United States Supreme Court handed down Roper v. Simmons, 543 U.S. 551 , 125 S.Ct. 1183 , 161 L.Ed.2d 1 (2005), which held that the death penalty was unconstitutional as applied to individuals under eighteen years of age at the time of their capital crimes. 2015While Foster’s remand for an Atkins hearing was pending, the United States Supreme Court handed down Roper v. Simmons, 543 U.S. 551 , 125 S.Ct. 1183 , 161 L.Ed.2d 1 (2005), which held that the death penalty was unconstitutional as applied to individuals under eighteen years of age at the time of their capital crimes.	4	2005–2015
Ricky Chase v. State of Mississippi green miss · 2015 2 sentences 2017While Atkins used the term "mentally retarded,” as did this Court when we adopted the Atkins standard, that term has since been replaced by "intellectually disabled.” See Chase v. State, 171 So.3d 463 , 466 n.1 (Miss. 2015) (Chase III). 8 . 2017While Atkins used the term "mentally retarded,” as did this Court when we adopted the Atkins standard, that term has since been replaced by "intellectually disabled.” See Chase v. State, 171 So.3d 463 , 466 n.1 (Miss. 2015) (Chase III). 8 .	2	2017–2021
Lynch v. State green miss · 2007 2 sentences 2011Thorson subsequently filed a Petition for Post-Conviction Relief with this Court, seeking an Atkins hearing pursuant to Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002); Lynch v. State, 951 So.2d 549 (Miss.2007); and Chase v. State, 873 So.2d 1013 (Miss.2004). 2011Thorson subsequently filed a Petition for Post-Conviction Relief with this Court, seeking an Atkins hearing pursuant to Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002); Lynch v. State, 951 So.2d 549 (Miss.2007); and Chase v. State, 873 So.2d 1013 (Miss.2004).	2	2010–2011
Neal v. State neutral miss · 2004 2 sentences 2007See Scott v. State, 938 So.2d 1233 (Miss. 2006); Brown v. State, 875 So.2d 202 (Miss.2004); Conner v. State, 904 So.2d 105 (Miss.2004); Doss v. State, 882 So.2d 176 (Miss.2004); Snow v. State, 875 So.2d 188 (Miss.2004); Smith v. State, 877 So.2d 369 (Miss.2004); Chase v. State, 873 So.2d 1013 (Miss.2004); Neal v. State, 873 So.2d 1010 (Miss.2004); Carr v. State, 873 So.2d 991 (Miss.2004); Goodin v. State, 856 So.2d 267 (Miss.2003); Russell v. State, 849 So.2d 95 (Miss.2003). 2007See Scott v. State, 938 So.2d 1233 (Miss. 2006); Brown v. State, 875 So.2d 202 (Miss.2004); Conner v. State, 904 So.2d 105 (Miss.2004); Doss v. State, 882 So.2d 176 (Miss.2004); Snow v. State, 875 So.2d 188 (Miss.2004); Smith v. State, 877 So.2d 369 (Miss.2004); Chase v. State, 873 So.2d 1013 (Miss.2004); Neal v. State, 873 So.2d 1010 (Miss.2004); Carr v. State, 873 So.2d 991 (Miss.2004); Goodin v. State, 856 So.2d 267 (Miss.2003); Russell v. State, 849 So.2d 95 (Miss.2003).	2	2005–2007
Conner v. State neutral miss · 2004 2 sentences 2007See Scott v. State, 938 So.2d 1233 (Miss. 2006); Brown v. State, 875 So.2d 202 (Miss.2004); Conner v. State, 904 So.2d 105 (Miss.2004); Doss v. State, 882 So.2d 176 (Miss.2004); Snow v. State, 875 So.2d 188 (Miss.2004); Smith v. State, 877 So.2d 369 (Miss.2004); Chase v. State, 873 So.2d 1013 (Miss.2004); Neal v. State, 873 So.2d 1010 (Miss.2004); Carr v. State, 873 So.2d 991 (Miss.2004); Goodin v. State, 856 So.2d 267 (Miss.2003); Russell v. State, 849 So.2d 95 (Miss.2003). 2007See Scott v. State, 938 So.2d 1233 (Miss. 2006); Brown v. State, 875 So.2d 202 (Miss.2004); Conner v. State, 904 So.2d 105 (Miss.2004); Doss v. State, 882 So.2d 176 (Miss.2004); Snow v. State, 875 So.2d 188 (Miss.2004); Smith v. State, 877 So.2d 369 (Miss.2004); Chase v. State, 873 So.2d 1013 (Miss.2004); Neal v. State, 873 So.2d 1010 (Miss.2004); Carr v. State, 873 So.2d 991 (Miss.2004); Goodin v. State, 856 So.2d 267 (Miss.2003); Russell v. State, 849 So.2d 95 (Miss.2003).	2	2005–2007
Snow v. State green miss · 2004 2 sentences 2007See Scott v. State, 938 So.2d 1233 (Miss. 2006); Brown v. State, 875 So.2d 202 (Miss.2004); Conner v. State, 904 So.2d 105 (Miss.2004); Doss v. State, 882 So.2d 176 (Miss.2004); Snow v. State, 875 So.2d 188 (Miss.2004); Smith v. State, 877 So.2d 369 (Miss.2004); Chase v. State, 873 So.2d 1013 (Miss.2004); Neal v. State, 873 So.2d 1010 (Miss.2004); Carr v. State, 873 So.2d 991 (Miss.2004); Goodin v. State, 856 So.2d 267 (Miss.2003); Russell v. State, 849 So.2d 95 (Miss.2003). 2007See Scott v. State, 938 So.2d 1233 (Miss. 2006); Brown v. State, 875 So.2d 202 (Miss.2004); Conner v. State, 904 So.2d 105 (Miss.2004); Doss v. State, 882 So.2d 176 (Miss.2004); Snow v. State, 875 So.2d 188 (Miss.2004); Smith v. State, 877 So.2d 369 (Miss.2004); Chase v. State, 873 So.2d 1013 (Miss.2004); Neal v. State, 873 So.2d 1010 (Miss.2004); Carr v. State, 873 So.2d 991 (Miss.2004); Goodin v. State, 856 So.2d 267 (Miss.2003); Russell v. State, 849 So.2d 95 (Miss.2003).	2	2005–2007
Brown v. State neutral miss · 2004 2 sentences 2007See Scott v. State, 938 So.2d 1233 (Miss. 2006); Brown v. State, 875 So.2d 202 (Miss.2004); Conner v. State, 904 So.2d 105 (Miss.2004); Doss v. State, 882 So.2d 176 (Miss.2004); Snow v. State, 875 So.2d 188 (Miss.2004); Smith v. State, 877 So.2d 369 (Miss.2004); Chase v. State, 873 So.2d 1013 (Miss.2004); Neal v. State, 873 So.2d 1010 (Miss.2004); Carr v. State, 873 So.2d 991 (Miss.2004); Goodin v. State, 856 So.2d 267 (Miss.2003); Russell v. State, 849 So.2d 95 (Miss.2003). 2007See Scott v. State, 938 So.2d 1233 (Miss. 2006); Brown v. State, 875 So.2d 202 (Miss.2004); Conner v. State, 904 So.2d 105 (Miss.2004); Doss v. State, 882 So.2d 176 (Miss.2004); Snow v. State, 875 So.2d 188 (Miss.2004); Smith v. State, 877 So.2d 369 (Miss.2004); Chase v. State, 873 So.2d 1013 (Miss.2004); Neal v. State, 873 So.2d 1010 (Miss.2004); Carr v. State, 873 So.2d 991 (Miss.2004); Goodin v. State, 856 So.2d 267 (Miss.2003); Russell v. State, 849 So.2d 95 (Miss.2003).	2	2005–2007
Smith v. State green miss · 2004 2 sentences 2007See Scott v. State, 938 So.2d 1233 (Miss. 2006); Brown v. State, 875 So.2d 202 (Miss.2004); Conner v. State, 904 So.2d 105 (Miss.2004); Doss v. State, 882 So.2d 176 (Miss.2004); Snow v. State, 875 So.2d 188 (Miss.2004); Smith v. State, 877 So.2d 369 (Miss.2004); Chase v. State, 873 So.2d 1013 (Miss.2004); Neal v. State, 873 So.2d 1010 (Miss.2004); Carr v. State, 873 So.2d 991 (Miss.2004); Goodin v. State, 856 So.2d 267 (Miss.2003); Russell v. State, 849 So.2d 95 (Miss.2003). 2007See Scott v. State, 938 So.2d 1233 (Miss. 2006); Brown v. State, 875 So.2d 202 (Miss.2004); Conner v. State, 904 So.2d 105 (Miss.2004); Doss v. State, 882 So.2d 176 (Miss.2004); Snow v. State, 875 So.2d 188 (Miss.2004); Smith v. State, 877 So.2d 369 (Miss.2004); Chase v. State, 873 So.2d 1013 (Miss.2004); Neal v. State, 873 So.2d 1010 (Miss.2004); Carr v. State, 873 So.2d 991 (Miss.2004); Goodin v. State, 856 So.2d 267 (Miss.2003); Russell v. State, 849 So.2d 95 (Miss.2003).	2	2005–2007
Doss v. State green miss · 2004 2 sentences 2007See Scott v. State, 938 So.2d 1233 (Miss. 2006); Brown v. State, 875 So.2d 202 (Miss.2004); Conner v. State, 904 So.2d 105 (Miss.2004); Doss v. State, 882 So.2d 176 (Miss.2004); Snow v. State, 875 So.2d 188 (Miss.2004); Smith v. State, 877 So.2d 369 (Miss.2004); Chase v. State, 873 So.2d 1013 (Miss.2004); Neal v. State, 873 So.2d 1010 (Miss.2004); Carr v. State, 873 So.2d 991 (Miss.2004); Goodin v. State, 856 So.2d 267 (Miss.2003); Russell v. State, 849 So.2d 95 (Miss.2003). 2007See Scott v. State, 938 So.2d 1233 (Miss. 2006); Brown v. State, 875 So.2d 202 (Miss.2004); Conner v. State, 904 So.2d 105 (Miss.2004); Doss v. State, 882 So.2d 176 (Miss.2004); Snow v. State, 875 So.2d 188 (Miss.2004); Smith v. State, 877 So.2d 369 (Miss.2004); Chase v. State, 873 So.2d 1013 (Miss.2004); Neal v. State, 873 So.2d 1010 (Miss.2004); Carr v. State, 873 So.2d 991 (Miss.2004); Goodin v. State, 856 So.2d 267 (Miss.2003); Russell v. State, 849 So.2d 95 (Miss.2003).	2	2005–2007
Johnson v. State green miss · 1987 2 sentences 1990The first is that Chase “has not made a sufficient showing” for remand, and he is not entitled to an Atkins hearing, because "merely claiming to be mentally retarded does not suffice." As support, we are directed to Johnson v. State, 508 So. 2d 1126 (Miss. 1987), where Johnson, a death row inmate, attempted to stop his imminent execution by claiming insanity under MISS. 1990The first is that Chase “has not made a sufficient showing” for remand, and he is not entitled to an Atkins hearing, because "merely claiming to be mentally retarded does not suffice." As support, we are directed to Johnson v. State, 508 So. 2d 1126 (Miss. 1987), where Johnson, a death row inmate, attempted to stop his imminent execution by claiming insanity under MISS.	2	1990–2004
State of Mississippi v. Willie C. Russell green miss · 2017 2 sentences 2019Id. at 1111 . 2019Id. at 1111 .	1	2019–2019
Doss v. State green miss · 2009 1 sentence 2012In Doss , we affirmed the trial court’s denial of Doss's post-conviction relief Atkins claim, affirming that "Doss had failed to prove by a preponderance of evidence that he [was] mentally retarded.” Doss, 19 So.3d at 714-15 .	1	2012–2012
In Re: Mathis green ca5 · 2007	1	2011–2011
Sanders v. United States green scotus · 1963 2 sentences 2011Bell has had numerous opportunities to exhaust not only his Atkins claim, but also all other claims, in state court. “[I]t appears that [Bell] is engaging in ‘needless piecemeal litigation[, or] ... collateral proceedings whose only purpose is to vex, harass, or delay.’ ” Beaty, 554 F.3d at 785 n. 3 (quoting Sanders v. United States, 373 U.S. 1, 18 , 83 S.Ct. 1068 , 10 L.Ed.2d 148 (1963)). 2011Bell has had numerous opportunities to exhaust not only his Atkins claim, but also all other claims, in state court. “[I]t appears that [Bell] is engaging in ‘needless piecemeal litigation[, or] ... collateral proceedings whose only purpose is to vex, harass, or delay.’ ” Beaty, 554 F.3d at 785 n. 3 (quoting Sanders v. United States, 373 U.S. 1, 18 , 83 S.Ct. 1068 , 10 L.Ed.2d 148 (1963)).	1	2011–2011
Spicer v. State green miss · 2007 2 sentences 2011In Spicer v. State, 973 So.2d 184 (Miss.2007), this Court concluded that Spi-cer was not entitled to an Atkins hearing because “Dr. Zimmerman’s affidavit did not discuss whether Spicer was malingering and does not fulfill the requirements of Chase.” Spicer, 973 So.2d at 211 . 2011In Spicer v. State, 973 So.2d 184 (Miss.2007), this Court concluded that Spi-cer was not entitled to an Atkins hearing because “Dr. Zimmerman’s affidavit did not discuss whether Spicer was malingering and does not fulfill the requirements of Chase.” Spicer, 973 So.2d at 211 .	1	2011–2011
Carr v. State green miss · 2004	1	2007–2007
Goodin v. State green miss · 2003	1	2007–2007
Hope v. Pelzer green scotus · 2002	1	2004–2004
Coker v. Georgia green scotus · 1977	1	2004–2004
Enmund v. Florida green scotus · 1982	1	2004–2004
Ashley v. State green miss · 1989	1	2004–2004
Bennett v. State green miss · 2006	1	2003–2003

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-39-21 (14) MS § Miss. Code Ann. § 99-19-101 (11) MS § Miss. Code Ann. § 99-39-1 (7) MS § Miss. Code Ann. § 99-39-27 (6) MS § Miss. Code Ann. § 99-39-23 (4) MS § Miss. Code Ann. § 99-39-9 (4) MS § Miss. Code Ann. § 97-3-21 (3) MS § Miss. Code Ann. § 99-15-35 (3) MS § Miss. Code Ann. § 99-19-105 (3) MS § Miss. Code Ann. § 99-19-107 (3) MS § Miss. Code Ann. § 99-39-11 (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

TX 43 (1988–2024) PA 39 (2004–2021) OH 33 (2004–2026) MS 30 (1990–2026) AL 23 (2000–2026) FL 12 (1989–2025) LA 9 (2003–2018) CA 9 (1976–2025) OK 6 (1991–2020) TN 5 (2006–2016) KY 5 (2005–2026) VA 4 (2000–2019) AR 4 (2004–2020) NY 4 (1992–2019) IN 3 (2014–2020) NJ 3 (2004–2006) UT 3 (2012–2020) AZ 3 (2006–2017) ID 3 (2013–2021) IL 2 (2012–2021) MI 2 (1977–2016) MD 2 (2011–2012) WV 2 (1982–2004) OR 2 (2015–2020) MO 2 (2021–2021)

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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