building of an effective defense (Mississippi) · Go Syfert
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building of an effective defense in Mississippi

25 Mississippi opinions name it 2 courts 1988–2025 3 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 (5)

CaseFollowedCited
Ake v. Oklahomagreen
scotus · 1985 · cited in 20 Mississippi opinions naming this issue, 1988–2025
2 sentences

2025The United States Supreme Court has held that “a criminal trial 3 The court ordered the terms to be served day-for-day and imposed post-release supervision. 10 is fundamentally unfair if the State proceeds against an indigent defendant without making certain that he has access to the raw materials integral to the building of an effective defense.” Ake v. Oklahoma, 470 U.S. 68, 77 (1985).

2022Rather, Ake held that “a criminal trial is fundamentally unfair if the State proceeds against an indigent defendant without making certain that he has access to the raw materials integral to the building of an effective defense[.]” Ake, 470 U.S. at 77 .

220
Fisher v. City of Euporagreen
miss · 1991 · cited in 2 Mississippi opinions naming this issue, 2015–2022
2 sentences

2022Instead, the supreme court reiterated that “[w]here a defendant offers no more than undeveloped assertions that the requested assistance should be beneficial, no trial court is under an obligation to provide him with fishing equipment[.]” Id. (internal quotation marks omitted) (quoting Fisher v. City of Eupora, 587 So. 2d 878, 883 (Miss. 1991)).

2015However, “[t]his, does 'not ‘mean that an expert must be supplied any time an indigent, defendant requests one.’ ” Barksdale, 176 So.3d at 111-12 (¶ 18) (quoting Fisher v. City of Eupora, 587 So.2d 878, 883 (Miss.1991)).

22
Theotus Barnett v. State of Mississippigreen
missctapp · 2015 · cited in 1 Mississippi opinions naming this issue, 2018–2018
1 sentence

2018Without an expert or mental evaluation, a defendant is left without the “raw materials integral to the building of an effective defense.” Barnett v. State, 192 So. 3d 1033, 1038-39 (¶17) (Miss.

11
Leevester Brown v. State of Mississippigreen
miss · 2014 · cited in 1 Mississippi opinions naming this issue, 2015–2015
2 sentences

2015This Court agreed with Brown that the proof of the charge against him consisted of the medical diagnosis and testimony of Dr. Hayne, and that the trial court’s refusal to grant Brown the funds with which to retain an expert had denied him “‘the raw materials integral to the building of an effective defense,’ as he had absolutely no way to counter the State’s sole evidence of the cause of death, or even to determine the proper questions to ask to challenge Dr. Hayne on cross.” Id. at 1166 (¶ 92).

2015This Court agreed with Brown that the proof of the charge against him consisted of the medical diagnosis and testimony of Dr. Hayne, and that the trial court’s refusal to grant Brown the funds with which to retain an expert had denied him “‘the raw materials integral to the building of an effective defense,’ as he had absolutely no way to counter the State’s sole evidence of the cause of death, or even to determine the proper questions to ask to challenge Dr. Hayne on cross.” Id. at 1166 (¶ 92).

11
L. A. Barksdale v. State of Mississippigreen
missctapp · 2015 · cited in 1 Mississippi opinions naming this issue, 2015–2015
1 sentence

2015However, “[t]his, does 'not ‘mean that an expert must be supplied any time an indigent, defendant requests one.’ ” Barksdale, 176 So.3d at 111-12 (¶ 18) (quoting Fisher v. City of Eupora, 587 So.2d 878, 883 (Miss.1991)).

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
Ross v. Moffitt green
scotus · 1974
2 sentences

2014Thus, while the Court has not held that a State must purchase for the indigent defendant all the assistance that his wealthier counterpart might buy, see Ross v. Moffitt, 417 U.S. 600 , 94 S.Ct. 2437 , 41 L.Ed.2d 341 (1974), it has often reaffirmed that fundamental fairness entitles indigent defendants to “an adequate opportunity to present their claims fairly within the adversary system,” id. at 612 , 94 S.Ct. at 2444 .

2014Thus, while the Court has not held that a State must purchase for the indigent defendant all the assistance that his wealthier counterpart might buy, see Ross v. Moffitt, 417 U.S. 600 , 94 S.Ct. 2437 , 41 L.Ed.2d 341 (1974), it has often reaffirmed that fundamental fairness entitles indigent defendants to “an adequate opportunity to present their claims fairly within the adversary system,” id. at 612 , 94 S.Ct. at 2444 .

91988–2014
Michael Patrick Moore v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division green
ca5 · 2000
2 sentences

2003There, the court noted that a "defendant cannot expect the state to provide him a most-sophisticated defense; rather, he is entitled to `access to the raw materials integral to the to the building of an effective defense.' " Moore, 225 F.3d at 503 (citing Ake v. Oklahoma, 470 U.S. 68, 77 , 105 S.Ct. 1087 , 84 L.Ed.2d 53 (1985)).

2001There, the court noted that “a defendant cannot expect the state to provide him a most-sophisticated defense; rather, he is entitled to ‘access to the raw materials integral to the building of an effective defense.’ ” Moore, 225 F.3d at 503 (citing Ake v. Oklahoma, 470 U.S. 68, 77 , 105 S.Ct. 1087 , 84 L.Ed.2d 53 (1985)). ¶ 38.

51997–2003
Hearn v. State green
miss · 2008
2 sentences

2019This analysis comports with the M’Naghten test, Hearn, 3 So. 3d at 738 , and other principles of constitutional fairness.

2019This analysis comports with the M'Naghten test, Hearn , 3 So.3d at 738 , and other principles of constitutional fairness.

22019–2019
Grayson v. State green
miss · 2001
2 sentences

2003Grayson v. State, 806 So.2d 241, 255 (Miss. 2001) (emphasis added). ś 42.

2001Grayson v. State, 806 So.2d 241 , 255 (Miss. 2001) (emphasis added). ¶42.

22001–2003
Britt v. North Carolina green
scotus · 1971
1 sentence

2022Therefore, the State must 25 provide indigent defendants “the ‘basic tools of an adequate defense.’” Id. (quoting Britt, 404 U.S. at 227 ).

12022–2022

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-19 (13) MS § Miss. Code Ann. § 99-19-101 (12) MS § Miss. Code Ann. § 99-19-105 (10) MS § Miss. Code Ann. § 99-15-35 (6) MS § Miss. Code Ann. § 97-5-39 (5) MS § Miss. Code Ann. § 99-39-5 (4) MS § Miss. Code Ann. § 97-17-23 (3) MS § Miss. Code Ann. § 97-3-53 (3) MS § Miss. Code Ann. § 99-39-21 (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 38 (1993–2025) MS 25 (1988–2025) VA 6 (1994–2001) CO 5 (1987–2016) OH 5 (2008–2022) IL 5 (1992–2020) NJ 5 (2004–2021) MI 4 (2016–2019) MD 3 (1986–2008) CA 3 (1990–2013) LA 3 (1994–2010) AZ 3 (2001–2023) AL 3 (2006–2018) MN 2 (1991–2012) NE 2 (1998–2000) NC 2 (1988–1989) ID 2 (2015–2017) HI 2 (2001–2016)

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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