attorney making challenge (Mississippi) · Go Syfert
← Mississippi issues

attorney making challenge in Mississippi

28 Mississippi opinions name it 2 courts 1995–2023 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 (8)

CaseFollowedCited
Stewart v. Stategreen
miss · 1995 · cited in 14 Mississippi opinions naming this issue, 1996–2009
2 sentences

2009In Stewart , [the Mississippi Supreme Court] held that “one of the reasons the trial cowt is granted such deference in a Batson issue is because the demeanor-of the attorney making the challenge is often the best evidence on the issue of race neutrality.” [Stewart,] 662 So.2d at 559 .

2009As mentioned above, “the demeanor of the attorney making the challenge is often the best evidence on the issue of race neutrality.” Stewart, 662 So.2d at 559 .

414
Walker v. Stategreen
miss · 2002 · cited in 4 Mississippi opinions naming this issue, 2004–2016
2 sentences

2016In Walker v. State, 815 So. 2d 1209, 1215 (¶12) (Miss. 2002), the supreme court stated that “determination of discriminatory intent will likely turn on a trial judge's evaluation of a presenter's credibility and whether an explanation should be believed.” The Walker court explained that “[o]ne of the reasons the trial court is afforded such deference when a Batson challenge is raised is because the 13 Batson v. Kentucky, 476 U.S. 79 (1986). 33 demeanor of the attorney making the challenge is often the best evidence on the issue of [gender] neutrality.” Id.

2016In Walker v. State, 815 So.2d 1209, 1215 (¶ 12) (Miss.2002), the supreme court stated that “determination of discriminatory intent will likely turn on a trial judge’s evaluation of a presenter’s credibility and whether an explanation should be believed.” The Walker court explained that “[o]ne of .the reasons the trial court is afforded such deference when a Batson challenge is raised is because the demeanor of the attorney making the challenge is often the best evidence on the issue of [gender] neutrality.” Id.

44
Webster v. Stategreen
miss · 2000 · cited in 4 Mississippi opinions naming this issue, 1997–2023
2 sentences

2023One reason the trial court is afforded such deference in a Batson challenge “is because the demeanor of the attorney making the challenge is often the best evidence on the issue of race neutrality.” Id. (citing Webster, 754 So. 2d at 1236 (¶10)). ¶33.

2008"One of the reasons the trial court is afforded such deference when a Batson challenge is raised is because the demeanor of the attorney making the challenge is often the best evidence on the issue of race neutrality." Id. (citing Webster v. State, 754 So.2d 1232, 1236 (¶ 10) (Miss.2000)).

24
Lynch v. Stategreen
miss · 2004 · cited in 3 Mississippi opinions naming this issue, 2004–2012
2 sentences

2012“This is true because ‘the demeanor of the attorney making the challenge is often the best evidence on the issue of race neutrality.’ ” Lynch, 877 So.2d at 1271 .

2007See Lynch, 877 So.2d at 1271 ("the demeanor of the attorney making the challenge is often the best evidence on the issue of race neutrality") (quoting Walker v. State, 815 So.2d 1209, 1215 (Miss.2002)).

23
Hernandez v. New Yorkgreen
scotus · 1991 · cited in 6 Mississippi opinions naming this issue, 1995–2002
2 sentences

2002Stewart v. State, 662 So.2d 552, 559 (Miss.1995) (citing, Hernandez v. New York, 500 U.S. 352, 365 , 111 S.Ct. 1859 , 114 L.Ed.2d 395 (1991)).

2002Stewart v. State, 662 So.2d 552, 559 (Miss.1995) (citing, Hernandez v. New York, 500 U.S. 352, 365 , 111 S.Ct. 1859 , 114 L.Ed.2d 395 (1991)).

16
Davis v. Stategreen
miss · 1995 · cited in 1 Mississippi opinions naming this issue, 1996–1996
1 sentence

1996Batson, 476 U.S. at 94 ; Davis, 660 So. 2d at 1264 (Banks, J., concurring); Hatten, 628 So. 2d at 303 (Hawkins, C.J., specially concurring); Mack, 650 So. 2d at 1298 . 6.

11
Walker v. Stategreen
miss · 1995 · cited in 1 Mississippi opinions naming this issue, 1996–1996
1 sentence

1996Hernandez, 500 U.S. at 365; Lockett, 517 So. 2d at 1352 ; Mack, 650 So. 2d at 1299 ; Stewart, 662 So. 2d at 559 ("[D]emeanor of the attorney making the challenge is often the best evidence on the issue of race neutrality.")(citations omitted); Walker v. State, 671 So. 2d 581, 628 (Miss. 1995), cert. denied, 117 S.Ct. 518 (1996). 5.

11
Hatten v. Stategreen
miss · 1993 · cited in 1 Mississippi opinions naming this issue, 1996–1996
1 sentence

1996Batson, 476 U.S. at 94 ; Davis, 660 So. 2d at 1264 (Banks, J., concurring); Hatten, 628 So. 2d at 303 (Hawkins, C.J., specially concurring); Mack, 650 So. 2d at 1298 . 6.

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 (5)

CaseCitedYears
Batson v. Kentucky green
scotus · 1986
2 sentences

2023One reason the trial court is afforded such deference in a Batson challenge “is because the demeanor of the attorney making the challenge is often the best evidence on the issue of race neutrality.” Id. (citing Webster, 754 So. 2d at 1236 (¶10)). ¶33.

2016In Walker v. State, 815 So. 2d 1209, 1215 (¶12) (Miss. 2002), the supreme court stated that “determination of discriminatory intent will likely turn on a trial judge's evaluation of a presenter's credibility and whether an explanation should be believed.” The Walker court explained that “[o]ne of the reasons the trial court is afforded such deference when a Batson challenge is raised is because the 13 Batson v. Kentucky, 476 U.S. 79 (1986). 33 demeanor of the attorney making the challenge is often the best evidence on the issue of [gender] neutrality.” Id.

31996–2023
Berry v. State green
miss · 1997
1 sentence

2008"One of the reasons the trial court is afforded such deference when a Batson challenge is raised is because the demeanor of the attorney making the challenge is often the best evidence on the issue of race neutrality." Id. (citing Webster v. State, 754 So.2d 1232, 1236 (¶ 10) (Miss.2000)).

12008–2008
Lockett v. State green
miss · 1987
1 sentence

1996Hernandez, 500 U.S. at 365; Lockett, 517 So. 2d at 1352 ; Mack, 650 So. 2d at 1299 ; Stewart, 662 So. 2d at 559 ("[D]emeanor of the attorney making the challenge is often the best evidence on the issue of race neutrality.")(citations omitted); Walker v. State, 671 So. 2d 581, 628 (Miss. 1995), cert. denied, 117 S.Ct. 518 (1996). 5.

11996–1996
MacK v. State green
miss · 1994
2 sentences

1996Hernandez, 500 U.S. at 365; Lockett, 517 So. 2d at 1352 ; Mack, 650 So. 2d at 1299 ; Stewart, 662 So. 2d at 559 ("[D]emeanor of the attorney making the challenge is often the best evidence on the issue of race neutrality.")(citations omitted); Walker v. State, 671 So. 2d 581, 628 (Miss. 1995), cert. denied, 117 S.Ct. 518 (1996). 5.

1996Batson, 476 U.S. at 94 ; Davis, 660 So. 2d at 1264 (Banks, J., concurring); Hatten, 628 So. 2d at 303 (Hawkins, C.J., specially concurring); Mack, 650 So. 2d at 1298 . 6.

11996–1996
Habiger v. City of Fargo green
scotus · 1996
1 sentence

1996Hernandez, 500 U.S. at 365; Lockett, 517 So. 2d at 1352 ; Mack, 650 So. 2d at 1299 ; Stewart, 662 So. 2d at 559 ("[D]emeanor of the attorney making the challenge is often the best evidence on the issue of race neutrality.")(citations omitted); Walker v. State, 671 So. 2d 581, 628 (Miss. 1995), cert. denied, 117 S.Ct. 518 (1996). 5.

11996–1996

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-19 (8) MS § Miss. Code Ann. § 99-17-3 (6) MS § Miss. Code Ann. § 97-17-23 (4) MS § Miss. Code Ann. § 13-1-5 (3) MS § Miss. Code Ann. § 13-5-1 (3) MS § Miss. Code Ann. § 97-3-7 (3) MS § Miss. Code Ann. § 97-5-39 (3) MS § Miss. Code Ann. § 99-19-101 (3) MS § Miss. Code Ann. § 99-19-105 (3) MS § Miss. Code Ann. § 99-7-2 (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.

← Caselaw search · G Cite Topics · Brief Check