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20 Mississippi opinions name it 2 courts 1969–2017 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.
| Case | Followed | Cited |
|---|---|---|
Smotherman v. Betogreen2 sentences1980Stewart v. State, 229 So.2d 53, 55 (Miss. 1969) held that "where a prisoner is being tried for his life he is entitled to effective assistance of attorneys... ." In Stewart , Justice Rodgers quoted from Judge Taylor's opinion in Smotherman v. Beto, 276 F. Supp. 579, 586 (5th Cir.1967): When the adequacy of a defense rendered by an attorney is subjected to attack, the relevant consideration is not whether the case was lost where it could have been won, but whether counsel "stood still and did nothing, ..." to the extent that his representation failed to render reasonably effective assistance to 1969In a fine opinion written by Judge Taylor in the case of Smotherman v. Beto, 276 F. Supp. 579 at 586 (5th Cir.1967), the court said: "* * * When the adequacy of a defense rendered by an attorney is subjected to attack, the relevant consideration is not whether the case was lost where it could have been won, but whether counsel `stood still and did nothing,' * * * to the extent that his representation failed to render reasonably effective assistance to the accused. * * *" In the case of Brooks v. State, 209 Miss. 150 , 46 So.2d 94 , at page 96 (1950), the court said: "Appellant had employed a l | 2 | 2 |
Wyeth Laboratories, Inc. v. Fortenberrygreen2 sentences2014Thus, “[w]here the adequacy of the warning is not obvious to the ordinary layperson it is necessary to have expert testimony as to this issue.” Fortenberry, 530 So.2d at 692 . ¶ 36. 2012Thus, “[w]here the adequacy of the warning is not obvious to the ordinary layperson it is necessary to have expert testimony as to this issue.” Fortenberry, 530 So. 2d at 692 . ¶36. | 1 | 6 |
Ludlow Corp. v. Arkwright-Boston Mfrs. Mut. Ins. Co.green1 sentence1983In Ludlow v. Arkwright-Boston Manufacturers Mutual Insurance Co., 317 So.2d 47, 49 (Miss. 1975), it was said, Significant here is the fact that witness Young first testified as an adverse witness called by appellant. | 1 | 1 |
Stewart v. Stategreen1 sentence1980Stewart v. State, 229 So.2d 53, 55 (Miss. 1969) held that "where a prisoner is being tried for his life he is entitled to effective assistance of attorneys... ." In Stewart , Justice Rodgers quoted from Judge Taylor's opinion in Smotherman v. Beto, 276 F. Supp. 579, 586 (5th Cir.1967): When the adequacy of a defense rendered by an attorney is subjected to attack, the relevant consideration is not whether the case was lost where it could have been won, but whether counsel "stood still and did nothing, ..." to the extent that his representation failed to render reasonably effective assistance to | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Norfolk Southern Railway Co. v. Shanklin
green
2 sentences2006The Court also held that, "Sections 646.214(b)(3) and (4) `cover the subject matter' of the adequacy of warning devices installed with the participation of federal funds." Id. at 358 , 120 S.Ct. 1467 . 2006The Court also held that, "Sections 646.214(b)(3) and (4) `cover the subject matter' of the adequacy of warning devices installed with the participation of federal funds." Id. at 358 , 120 S.Ct. 1467 . | 4 | 1999–2006 |
Janssen Pharmaceutica, Inc. v. Bailey
green
2 sentences2017Expert testimony was adduced in the Bailey trial regarding the adequacy of warnings. “[P]hysicians testifying for the Plaintiffs admitted that they never bothered to read the updated labels or ‘Dear Doctor’ letters because their family practices kept them too busy to keep abreast of the changes in the drugs which they were prescribing.” Id. at 58 . 2017Expert testimony was adduced in the Bailey trial regarding the adequacy of warnings. “[P]hysicians testifying for the Plaintiffs admitted that they never bothered to read the updated labels or ‘Dear Doctor’ letters because their family practices kept them too busy to keep abreast of the changes in the drugs which they were prescribing.” Id. at 58 . | 2 | 2017–2017 |
James L. Hurley, Jr., Etc. v. Lederle Laboratories Division of American Cyanamid Co., Defendants
green
2 sentences2002Hurley, 863 F.2d at 1178 . ¶ 56. 1998Hurley, 863 F.2d at 1178 . ¶56. | 2 | 1998–2002 |
Jordan v. De George
green
2 sentences1991Yet, as held by the United States Supreme Court in Jordan v. DeGeorge, 341 U.S. 223, 231 , 71 S.Ct. 703, 707 , 95 L.Ed. 886 (1951), "The test is whether the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices." The Court then held that the phrase "moral turpitude" was constitutionally certain in meaning, stating that "doubt as to the adequacy of a standard in less obvious cases does not render that standard unconstitutional for vagueness." Id. at 232, 71 S.Ct. at 708 . *1283 B. 1991Yet, as held by the United States Supreme Court in Jordan v. DeGeorge, 341 U.S. 223, 231 , 71 S.Ct. 703, 707 , 95 L.Ed. 886 (1951), "The test is whether the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices." The Court then held that the phrase "moral turpitude" was constitutionally certain in meaning, stating that "doubt as to the adequacy of a standard in less obvious cases does not render that standard unconstitutional for vagueness." Id. at 232, 71 S.Ct. at 708 . *1283 B. | 2 | 1981–1991 |
Reyes v. Wyeth Laboratories
green
1 sentence1988"Prescription drugs are likely to be complex medicines, esoteric in formula and varied in effect." Reyes, 498 F.2d at 1276 . | 1 | 1988–1988 |
Roth v. United States
green
2 sentences1981Likewise in the case of Roth v. U.S., 354 U.S. 476 , 77 S.Ct. 1304 , 1 L.Ed.2d 1498 (1957), the words "obscene and indecent" were challenged as being unconstitutionally vague and uncertain. 1981Likewise in the case of Roth v. U.S., 354 U.S. 476 , 77 S.Ct. 1304 , 1 L.Ed.2d 1498 (1957), the words "obscene and indecent" were challenged as being unconstitutionally vague and uncertain. | 1 | 1981–1981 |
Clemons v. State
green
1 sentence1976Clemons v. State, 316 So.2d 252 (Miss.1975). | 1 | 1976–1976 |
William Stanley Mayzak v. United States
green
1 sentence1973The adequacy of the warning is not jeopardized by the absence of such imbellishments. ( 402 F.2d at 155 ). | 1 | 1973–1973 |
Brooks v. State
green
2 sentences1969In a fine opinion written by Judge Taylor in the case of Smotherman v. Beto, 276 F. Supp. 579 at 586 (5th Cir.1967), the court said: "* * * When the adequacy of a defense rendered by an attorney is subjected to attack, the relevant consideration is not whether the case was lost where it could have been won, but whether counsel `stood still and did nothing,' * * * to the extent that his representation failed to render reasonably effective assistance to the accused. * * *" In the case of Brooks v. State, 209 Miss. 150 , 46 So.2d 94 , at page 96 (1950), the court said: "Appellant had employed a l 1969In a fine opinion written by Judge Taylor in the case of Smotherman v. Beto, 276 F. Supp. 579 at 586 (5th Cir.1967), the court said: "* * * When the adequacy of a defense rendered by an attorney is subjected to attack, the relevant consideration is not whether the case was lost where it could have been won, but whether counsel `stood still and did nothing,' * * * to the extent that his representation failed to render reasonably effective assistance to the accused. * * *" In the case of Brooks v. State, 209 Miss. 150 , 46 So.2d 94 , at page 96 (1950), the court said: "Appellant had employed a l | 1 | 1969–1969 |
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.
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.