20 Mississippi opinions name it 2 courts 1992–2016 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 |
|---|---|---|
Barnette v. Stategreen2 sentences2012Despite the majority’s protests to the contrary, Justice Kennedy was correct in suggesting that McGowen was not entirely consistent with this Court’s holding in Barnette v. State, 481 So.2d 788, 791 (Miss.1985), “that it was reversible error to admit, over the objection of [the defendant], the certificate of analysis into evidence without the testimony of the analyst who prepared such.” (Emphasis added.) See also Kettle v. State, 641 So.2d 746, 750 (Miss.1994) (“We hold that ... when someone other than the person who conducted the laboratory test attempts to testify in a cocaine possession or 2012Despite the majority’s protests to the contrary, Justice Kennedy was correct in suggesting that McGowen was not entirely consistent with this Court’s holding in Barnette v. State, 481 So.2d 788, 791 (Miss.1985), “that it was reversible error to admit, over the objection of [the defendant], the certificate of analysis into evidence without the testimony of the analyst who prepared such.” (Emphasis added.) See also Kettle v. State, 641 So.2d 746, 750 (Miss.1994) (“We hold that ... when someone other than the person who conducted the laboratory test attempts to testify in a cocaine possession or | 4 | 13 |
Adams v. Stategreen2 sentences2012In distinguishing Barnette and Kettle, McGowen relied on Adams v. State, 794 So.2d 1049, 1057-58 (Miss.Ct.App.2001); but, even in Adams, 794 So.2d at 1057 , the testifying witness was a laboratory supervisor who had “supervised, witnessed, and checked the tests performed by his technician.” ¶ 31. 2012In distinguishing Barnette and Kettle, McGowen relied on Adams v. State, 794 So.2d 1049, 1057-58 (Miss.Ct.App.2001); but, even in Adams, 794 So.2d at 1057 , the testifying witness was a laboratory supervisor who had “supervised, witnessed, and checked the tests performed by his technician.” ¶ 31. | 2 | 2 |
Kettle v. Stategreen2 sentences2012Despite the majority’s protests to the contrary, Justice Kennedy was correct in suggesting that McGowen was not entirely consistent with this Court’s holding in Barnette v. State, 481 So.2d 788, 791 (Miss.1985), “that it was reversible error to admit, over the objection of [the defendant], the certificate of analysis into evidence without the testimony of the analyst who prepared such.” (Emphasis added.) See also Kettle v. State, 641 So.2d 746, 750 (Miss.1994) (“We hold that ... when someone other than the person who conducted the laboratory test attempts to testify in a cocaine possession or 2012Despite the majority’s protests to the contrary, Justice Kennedy was correct in suggesting that McGowen was not entirely consistent with this Court’s holding in Barnette v. State, 481 So.2d 788, 791 (Miss.1985), “that it was reversible error to admit, over the objection of [the defendant], the certificate of analysis into evidence without the testimony of the analyst who prepared such.” (Emphasis added.) See also Kettle v. State, 641 So.2d 746, 750 (Miss.1994) (“We hold that ... when someone other than the person who conducted the laboratory test attempts to testify in a cocaine possession or | 2 | 2 |
Melendez-Diaz v. Massachusettsgreen2 sentences2011In Melendez-Diaz v. Massachusetts, - U.S. -, 129 S.Ct. 2527 , 174 L.Ed.2d 314 , 77 U.S.L.W. 4574 (2009), like this Court in its 1985 ruling in Barnette v. State, 481 So.2d 788 (Miss.1985), the United States Supreme Court found that a certificate of analysis pertaining to the nature of the substance (i.e., cocaine, a necessary element for the crime of distributing and trafficking in cocaine) was testimonial and, therefore, was erroneously admitted. 2011In Melendez-Diaz v. Massachusetts, - U.S. -, 129 S.Ct. 2527 , 174 L.Ed.2d 314 , 77 U.S.L.W. 4574 (2009), like this Court in its 1985 ruling in Barnette v. State, 481 So.2d 788 (Miss.1985), the United States Supreme Court found that a certificate of analysis pertaining to the nature of the substance (i.e., cocaine, a necessary element for the crime of distributing and trafficking in cocaine) was testimonial and, therefore, was erroneously admitted. | 2 | 2 |
Walker v. Whitfield Nursing Center, Inc.green2 sentences2008To the extent Walker [v. Whitfield Nursing Ctr., Inc., 931 So.2d 583, 591 (Miss.2006)] and its progeny hold otherwise, they are hereby overruled. 2008To the extent Walker [v. Whitfield Nursing Ctr., Inc., 931 So.2d 583, 591 (Miss.2006)] and its progeny hold otherwise, they are hereby overruled. | 2 | 2 |
Crisp v. Town of Hatleygreen1 sentence2003Id. at 235 (¶ 11). ¶ 40. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wimley v. Reid
green
2 sentences2010After Wimley, “a complaint, otherwise properly filed, may not be dismissed, and need not be amended, simply because the plaintiff failed to attach a certificate or waiver.” Id. at (¶ 16). 2009Id. at 138 . ¶ 17. | 5 | 2006–2010 |
Newell v. State
green
1 sentence2008Accordingly, the supreme court held that "a complaint, otherwise properly filed, may not be dismissed, and need not be amended, simply because the plaintiff failed to attach a certificate or waiver." Id. at (¶ 16). | 1 | 2008–2008 |
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.