personal privilege in Mississippi

20 Mississippi opinions name it 2 courts 1938–2020 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.

Followed or applied (9)

Case	Followed	Cited
Rhone v. Stategreen miss · 1971 · cited in 3 Mississippi opinions naming this issue, 1989–2011 2 sentences 2011Nevertheless, in examining the legislative history, we find that, in 1976, the legislature effectively repealed Section 13-5-1’s language that “no juror shall serve on any jury who has served as such for the last preceding two years.” As explained in Adams, 537 So.2d at 893 -94: In the face of repeated opinions from this Court to the effect that our jury selection laws were directory and not mandatory, see, e.g., Rhone v. State, 254 So.2d 750, 752 (Miss.1971), the legislature in 1976 amended Section 13-5-25 “to clarify the personal privilege for exemption of a juror who has served within two y 2009Nevertheless, in examining the legislative history, we find that, in 1976, the legislature effectively repealed Section 13-5-1’s language that “no juror shall serve on any jury who has served as such for the last preceding two years.” As explained in Adams, 537 So. 2d at 893 - 94: In the face of repeated opinions from this Court to the effect that our jury selection laws were directory and not mandatory, see, e.g., Rhone v. State, 254 So. 2d 750, 752 (Miss.1971), the legislature in 1976 amended Section 13-5-25 “to clarify the personal privilege for exemption of a juror who has served within tw	3	3
Wardley v. Stategreen missctapp · 1999 · cited in 3 Mississippi opinions naming this issue, 1995–2005 2 sentences 2005See Wardley v. State, 760 So.2d 774, 778 (Miss.Ct.App.1999). 2001See Wardley v. State, 760 So.2d 774, 778 (Miss.Ct.App.1999).	3	3
Spires v. Stategreen miss · 2009 · cited in 2 Mississippi opinions naming this issue, 2016–2016 2 sentences 2016Personal privilege exemptions under Mississippi Code Section 13-5-25 “are not mandatory and must be asserted by the individual.” Spires v. State, 10 So. 3d 477, 482 (Miss. 2009); Miss. 2016Personal privilege exemptions under Mississippi Code Section 13-5-25 “are not mandatory and must be asserted by the individual.” Spires v. State, 10 So.3d 477, 482 (Miss. 2009); Miss.	2	2
Sawyers v. Herrin-Gear Chevrolet Co., Inc.green miss · 2010 · cited in 2 Mississippi opinions naming this issue, 2010–2011 2 sentences 2011Id. at 1051 (¶ 11). 2011Id. at 1051 (¶ 11).	2	2
American Family Life Assurance of Columbus v. Ellisongreen miss · 2009 · cited in 2 Mississippi opinions naming this issue, 2010–2011 2 sentences 2011See id. at 1051-52 . ¶ 16. 2010See id. at 1051-52 . ¶16.	2	2
Tompkins v. Texasgreen scotus · 1989 · cited in 1 Mississippi opinions naming this issue, 2020–2020 2 sentences 2020Ed. 2d 1456 (1957) (“[l]t has long been the constitutional rule that a court cannot adjudicate a personal claim or obligation unless it has jurisdiction over the person of the defendant . . . .”); Martin v. Wilks, 490 U.S. 755, 762 , 109 S. Ct. 2180 , l 04 L. 2020Vanderbilt, 354 U.S. at 418-19 ; see also Martin v. Wilks, 490 U.S. 755, 762 , 109 S. Ct. 2180 , 104 L.	1	1
Martin v. Wilksred scotus · 1989 · cited in 1 Mississippi opinions naming this issue, 2020–2020 2 sentences 2020Ed. 2d 1456 (1957) (“[l]t has long been the constitutional rule that a court cannot adjudicate a personal claim or obligation unless it has jurisdiction over the person of the defendant . . . .”); Martin v. Wilks, 490 U.S. 755, 762 , 109 S. Ct. 2180 , l 04 L. 2020Vanderbilt, 354 U.S. at 418-19 ; see also Martin v. Wilks, 490 U.S. 755, 762 , 109 S. Ct. 2180 , 104 L.	1	1
Walker v. Stategreen missctapp · 2002 · cited in 1 Mississippi opinions naming this issue, 2019–2019 1 sentence 2019Ct. App. 2011) (During a Culberson colloquy, the defendant initially said he wanted to testify, defense counsel then announced that the defendant reconsidered and chose not to testify, and the defendant did not subsequently “express a desire to testify . . . .”); Walker, 823 So. 2d at 561 (¶6) (There was no Culberson colloquy, nothing in the record suggested that the defendant wanted to testify, 5 “Even more fundamental to a personal defense than the right of self-representation . . . is an accused’s right to present his own version of events in his own words.	1	1
Matthew Winters v. Thomas D. Cook, Superintendent of the Mississippi State Penitentiarygreen ca5 · 1973 · cited in 1 Mississippi opinions naming this issue, 1999–1999 2 sentences 1999Winters v. Cook, 489 F.2d 174, 178 (5th Cir.1973). 1999Id.	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 (18)

Case	Cited	Years
Vanderbilt v. Vanderbilt green scotus · 1957 2 sentences 2020Vanderbilt, 354 U.S. at 418-19 ; see also Martin v. Wilks, 490 U.S. 755, 762 , 109 S. Ct. 2180 , 104 L. 2006The Court also cited the principle that "a court cannot adjudicate a personal claim or obligation unless it has jurisdiction over the person of the defendant." Id.	2	2006–2020
Adams v. State green miss · 1989 2 sentences 2011Nevertheless, in examining the legislative history, we find that, in 1976, the legislature effectively repealed Section 13-5-1’s language that “no juror shall serve on any jury who has served as such for the last preceding two years.” As explained in Adams, 537 So.2d at 893 -94: In the face of repeated opinions from this Court to the effect that our jury selection laws were directory and not mandatory, see, e.g., Rhone v. State, 254 So.2d 750, 752 (Miss.1971), the legislature in 1976 amended Section 13-5-25 “to clarify the personal privilege for exemption of a juror who has served within two y 2009Nevertheless, in examining the legislative history, we find that, in 1976, the legislature effectively repealed Section 13-5-1’s language that “no juror shall serve on any jury who has served as such for the last preceding two years.” As explained in Adams, 537 So. 2d at 893 - 94: In the face of repeated opinions from this Court to the effect that our jury selection laws were directory and not mandatory, see, e.g., Rhone v. State, 254 So. 2d 750, 752 (Miss.1971), the legislature in 1976 amended Section 13-5-25 “to clarify the personal privilege for exemption of a juror who has served within tw	2	2009–2011
Hansberry v. Lee green scotus · 1940 1 sentence 2020“The consistent constitutional rule has been that a court has no power to adjudicate a personal claim or obligation unless it has jurisdiction over the person of the defendant.” Id.	1	2020–2020
Rock v. Arkansas green scotus · 1987 1 sentence 2019A defendant’s opportunity to conduct his own defense by calling witnesses is incomplete if he may not present himself as a witness.” Rock, 483 U.S. at 52 . 16 and the point was not “available to” him on appeal because he did not raise it at trial.). ¶29.	1	2019–2019
Davis v. State green miss · 2000 2 sentences 2009Miss.Code Ann. § 13-5-25 (Rev.2002) (emphasis added). 4 In Davis v. State, 767 So.2d 986 (Miss.2000), this Court held that these statutory exemptions “are not mandatory and must be asserted by the individual.” Mat 1000. ¶ 22. 2009Miss.Code Ann. § 13-5-25 (Rev.2002) (emphasis added). [4] In Davis v. State, 767 So.2d 986 (Miss.2000), this Court held that these statutory exemptions "are not mandatory and must be asserted by the individual." Id. at 1000 . ¶ 22.	1	2009–2009
Chandlee v. Tharp green miss · 1931 2 sentences 1987Chandlee v. Tharp, 161 Miss. 623 , 137 So. 540 (1931). 1987Chandlee v. Tharp, 161 Miss. 623 , 137 So. 540 (1931).	1	1987–1987
Estate of Mullins v. Estate of Mullins green miss · 1960 2 sentences 1971And Mullins v. Mullins, 239 Miss. 751 , 125 So.2d 93 , 83 A.L.R.2d 1073 (1960), held that the right to renounce under Section 668 is a personal privilege and did not survive to the administrator or heirs at law of the surviving spouse, and the court stated that the right to renounce granted by Section 668 is to promote the economic welfare of the surviving spouse. 1971And Mullins v. Mullins, 239 Miss. 751 , 125 So.2d 93 , 83 A.L.R.2d 1073 (1960), held that the right to renounce under Section 668 is a personal privilege and did not survive to the administrator or heirs at law of the surviving spouse, and the court stated that the right to renounce granted by Section 668 is to promote the economic welfare of the surviving spouse.	1	1971–1971
Davis v. Shepperd green miss · 1962 1 sentence 1963In a recent case on the question of, issuing a license to sell insurance in the case of Davis, Commissioner of Insurance v. Shepperd, 139 So. 2d 668 , the court said: “A license is not a contract between the sovereign and the licensee, and is not property in any constitutional sense, in that it does not confer a vested right but only a personal privilege to be exercised under existing restrictions. 33 Am.	1	1963–1963
Giglio v. Woollard green · 1921 1 sentence 1940In the case of Stanley et al. v. Cruise et al., 134 Miss. 542 , 99 So. 376 , it was held that in a suit in personam the-venue is a personal privilege which may he waived by failure of the defendant to claim it at the proper time, but that in an action of replevin, being one in rem, the venue is jurisdictional and may not be waived, citing Lewis v. Sinclair, 126 Miss. 16 , 88 So. 401 .	1	1940–1940
Lewis v. Sinclair neutral · 1921 1 sentence 1940In the case of Stanley et al. v. Cruise et al., 134 Miss. 542 , 99 So. 376 , it was held that in a suit in personam the-venue is a personal privilege which may he waived by failure of the defendant to claim it at the proper time, but that in an action of replevin, being one in rem, the venue is jurisdictional and may not be waived, citing Lewis v. Sinclair, 126 Miss. 16 , 88 So. 401 .	1	1940–1940
Stanley v. Cruise neutral miss · 1924 2 sentences 1940In the case of Stanley et al. v. Cruise et al., 134 Miss. 542 , 99 So. 376 , it was held that in a suit in personam the-venue is a personal privilege which may he waived by failure of the defendant to claim it at the proper time, but that in an action of replevin, being one in rem, the venue is jurisdictional and may not be waived, citing Lewis v. Sinclair, 126 Miss. 16 , 88 So. 401 . 1940In the case of Stanley et al. v. Cruise et al., 134 Miss. 542 , 99 So. 376 , it was held that in a suit in personam the-venue is a personal privilege which may he waived by failure of the defendant to claim it at the proper time, but that in an action of replevin, being one in rem, the venue is jurisdictional and may not be waived, citing Lewis v. Sinclair, 126 Miss. 16 , 88 So. 401 .	1	1940–1940
Chaffe v. Benoit neutral · 1882 1 sentence 1938The answer to this contention is: (1) that the statute of frauds is a personal privilege of the contracting parties sought to be charged, and is not available to anyone else in a collateral proceeding, Grisham v. Lutric, 76 Miss. 444 , 24 So. 169 ; Chaffe Sons v. Benoit, 60 Miss. 34 ; 2d that the agreement was fully performed on the part of Wirtz by advancing the tax redemption money and the loan of $1,000 to the executrix, the institution and completion of the foreclosure proceeding as consented to by all of the parties to the agreement, and then on the part of the executrix by the delivery o	1	1938–1938
Grisham v. Lutric neutral miss · 1898 1 sentence 1938The answer to this contention is: (1) that the statute of frauds is a personal privilege of the contracting parties sought to be charged, and is not available to anyone else in a collateral proceeding, Grisham v. Lutric, 76 Miss. 444 , 24 So. 169 ; Chaffe Sons v. Benoit, 60 Miss. 34 ; 2d that the agreement was fully performed on the part of Wirtz by advancing the tax redemption money and the loan of $1,000 to the executrix, the institution and completion of the foreclosure proceeding as consented to by all of the parties to the agreement, and then on the part of the executrix by the delivery o	1	1938–1938
Bentley v. Barnes neutral ala · 1909 2 sentences 1938Bentley et al. v. Barnes, 162 Ala. 524 , 50 So. 361, 362 ; Rovelsky v. Scheuer, 114 Ala. 419 , 422, 21 So. 785 ; Emond v. Robison, 213 Ala. 150 , 104 So. 323 , 324; Penney v. Norton, 202 Ala. 690 , 81 So. 666 , 668; Clark Lewis, Inc., v. Gardner, 91 Fla. 1059 , 109 So. 192 , 193; and 13 C.J. 305. 1938Bentley et al. v. Barnes, 162 Ala. 524 , 50 So. 361, 362 ; Rovelsky v. Scheuer, 114 Ala. 419 , 422, 21 So. 785 ; Emond v. Robison, 213 Ala. 150 , 104 So. 323 , 324; Penney v. Norton, 202 Ala. 690 , 81 So. 666 , 668; Clark Lewis, Inc., v. Gardner, 91 Fla. 1059 , 109 So. 192 , 193; and 13 C.J. 305.	1	1938–1938
Clark & Lewis, Inc. v. Gardner neutral fla · 1926 2 sentences 1938Bentley et al. v. Barnes, 162 Ala. 524 , 50 So. 361, 362 ; Rovelsky v. Scheuer, 114 Ala. 419 , 422, 21 So. 785 ; Emond v. Robison, 213 Ala. 150 , 104 So. 323 , 324; Penney v. Norton, 202 Ala. 690 , 81 So. 666 , 668; Clark Lewis, Inc., v. Gardner, 91 Fla. 1059 , 109 So. 192 , 193; and 13 C.J. 305. 1938Bentley et al. v. Barnes, 162 Ala. 524 , 50 So. 361, 362 ; Rovelsky v. Scheuer, 114 Ala. 419 , 422, 21 So. 785 ; Emond v. Robison, 213 Ala. 150 , 104 So. 323 , 324; Penney v. Norton, 202 Ala. 690 , 81 So. 666 , 668; Clark Lewis, Inc., v. Gardner, 91 Fla. 1059 , 109 So. 192 , 193; and 13 C.J. 305.	1	1938–1938
Rovelsky v. Scheuer neutral ala · 1896 1 sentence 1938Bentley et al. v. Barnes, 162 Ala. 524 , 50 So. 361, 362 ; Rovelsky v. Scheuer, 114 Ala. 419 , 422, 21 So. 785 ; Emond v. Robison, 213 Ala. 150 , 104 So. 323 , 324; Penney v. Norton, 202 Ala. 690 , 81 So. 666 , 668; Clark Lewis, Inc., v. Gardner, 91 Fla. 1059 , 109 So. 192 , 193; and 13 C.J. 305.	1	1938–1938
Penney v. Norton neutral · 1919 2 sentences 1938Bentley et al. v. Barnes, 162 Ala. 524 , 50 So. 361, 362 ; Rovelsky v. Scheuer, 114 Ala. 419 , 422, 21 So. 785 ; Emond v. Robison, 213 Ala. 150 , 104 So. 323 , 324; Penney v. Norton, 202 Ala. 690 , 81 So. 666 , 668; Clark Lewis, Inc., v. Gardner, 91 Fla. 1059 , 109 So. 192 , 193; and 13 C.J. 305. 1938Bentley et al. v. Barnes, 162 Ala. 524 , 50 So. 361, 362 ; Rovelsky v. Scheuer, 114 Ala. 419 , 422, 21 So. 785 ; Emond v. Robison, 213 Ala. 150 , 104 So. 323 , 324; Penney v. Norton, 202 Ala. 690 , 81 So. 666 , 668; Clark Lewis, Inc., v. Gardner, 91 Fla. 1059 , 109 So. 192 , 193; and 13 C.J. 305.	1	1938–1938
Emond v. Robison neutral ala · 1925 2 sentences 1938Bentley et al. v. Barnes, 162 Ala. 524 , 50 So. 361, 362 ; Rovelsky v. Scheuer, 114 Ala. 419 , 422, 21 So. 785 ; Emond v. Robison, 213 Ala. 150 , 104 So. 323 , 324; Penney v. Norton, 202 Ala. 690 , 81 So. 666 , 668; Clark Lewis, Inc., v. Gardner, 91 Fla. 1059 , 109 So. 192 , 193; and 13 C.J. 305. 1938Bentley et al. v. Barnes, 162 Ala. 524 , 50 So. 361, 362 ; Rovelsky v. Scheuer, 114 Ala. 419 , 422, 21 So. 785 ; Emond v. Robison, 213 Ala. 150 , 104 So. 323 , 324; Penney v. Norton, 202 Ala. 690 , 81 So. 666 , 668; Clark Lewis, Inc., v. Gardner, 91 Fla. 1059 , 109 So. 192 , 193; and 13 C.J. 305.	1	1938–1938

Statutes the citing opinions construe

MS § Miss. Code Ann. § 13-5-25 (6) MS § Miss. Code Ann. § 13-5-1 (5) MS § Miss. Code Ann. § 97-3-19 (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

CA 321 (1887–2026) IL 202 (1880–2026) NY 157 (1807–2025) CT 114 (1921–2026) PA 84 (1888–2026) MO 81 (1885–2025) TX 71 (1877–2024) IN 65 (1873–2025) GA 61 (1849–2024) OK 61 (1912–2020) OH 55 (1818–2025) MD 52 (1870–2023) MI 49 (1860–2025) AL 48 (1844–2025) FL 46 (1899–2025) TN 45 (1877–2018) LA 37 (1936–2026) WI 36 (1879–2021) CO 35 (1887–2021) AZ 34 (1913–2025) MA 31 (1825–2024) VA 30 (1851–2026) NJ 30 (1877–2026) IA 29 (1865–2026) OR 28 (1897–2023) WA 27 (1916–2024) MN 27 (1877–2026) NC 26 (1904–2025) NE 24 (1893–2018) RI 20 (1928–2017) MS 20 (1938–2020) KS 20 (1889–2026) SD 20 (1894–2023) WV 19 (1898–2023) DC 18 (1970–2022) HI 18 (1908–2025) SC 16 (1886–2025) KY 15 (1910–2025) MT 14 (1919–2019) NM 13 (1973–2022) NH 13 (1857–2023) ND 13 (1921–2025) ID 13 (1908–2020) WY 12 (1924–2013) AK 11 (1963–2024) DE 11 (1958–2025) AR 10 (1907–2001) NV 8 (1943–2008) ME 7 (1926–2023) UT 6 (1967–2020) VT 6 (1912–2011) VI 5 (1997–2025) PR 2 (1907–1949)

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.

← Caselaw search · G Cite Topics · Brief Check