conducted hearing (Mississippi) · Go Syfert
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conducted hearing in Mississippi

18 Mississippi opinions name it 2 courts 1977–2023 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 (10)

CaseFollowedCited
Holland v. Stategreen
miss · 1997 · cited in 2 Mississippi opinions naming this issue, 2004–2007
2 sentences

2007The trial court determined that pursuant to this Court's holding in Holland v. State, 705 So.2d 307, 341 (Miss.1997), Dr. Hayne could provide an opinion about whether the defendant's version of the events and the evidence as found on the victim were consistent with his findings within a reasonable degree of medical certainty.

2004The trial court determined that pursuant to this Court’s holding in Holland v. State, 705 So. 2d 307, 341 (Miss. 1997), Dr. Hayne could provide an opinion about whether the defendant’s version of the events and the evidence as found on the victim were consistent with his findings within a reasonable degree of medical certainty.

22
Harris v. Stategreen
miss · 2000 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023See Harris v. State, 757 So. 2d 195, 199 (Miss.2000) (holding that because the defendant did not object to the issue of restitution in the trial court, the issue was barred upon appeal); see also Powell v. State, 536 So. 2d 13, 17 (Miss.1988) (same); Watts v. State, 492 So. 2d 1281, 1290-91 (Miss. 1986) (same). 1 Regardless of whether the trial court conducted the inquiry into a defendant’s financial ability to pay restitution at the time of sentencing as set forth in section 99-37-3(2), it is clear that probation or post-release supervision cannot be revoked, and the defendant cannot be incar

11
Powell v. Stategreen
miss · 1988 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023See Harris v. State, 757 So. 2d 195, 199 (Miss.2000) (holding that because the defendant did not object to the issue of restitution in the trial court, the issue was barred upon appeal); see also Powell v. State, 536 So. 2d 13, 17 (Miss.1988) (same); Watts v. State, 492 So. 2d 1281, 1290-91 (Miss. 1986) (same). 1 Regardless of whether the trial court conducted the inquiry into a defendant’s financial ability to pay restitution at the time of sentencing as set forth in section 99-37-3(2), it is clear that probation or post-release supervision cannot be revoked, and the defendant cannot be incar

11
Ross v. Stategreen
missctapp · 2013 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023See Ross v. State, 122 So. 3d 136, 138 (¶¶9-12) (Miss.

11
Watts v. Stategreen
miss · 1986 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023See Harris v. State, 757 So. 2d 195, 199 (Miss.2000) (holding that because the defendant did not object to the issue of restitution in the trial court, the issue was barred upon appeal); see also Powell v. State, 536 So. 2d 13, 17 (Miss.1988) (same); Watts v. State, 492 So. 2d 1281, 1290-91 (Miss. 1986) (same). 1 Regardless of whether the trial court conducted the inquiry into a defendant’s financial ability to pay restitution at the time of sentencing as set forth in section 99-37-3(2), it is clear that probation or post-release supervision cannot be revoked, and the defendant cannot be incar

11
Derouen v. Stategreen
miss · 2008 · cited in 1 Mississippi opinions naming this issue, 2016–2016
1 sentence

2016“Evidence of a sexual offense, other than the one charged, which involves a victim other than the victim of the charged offense for which the accused is on trial,” may be considered by the jury “if properly admitted under Rule 404(b), filtered through Rule 403, and accompanied by an appropriately-drafted limiting or cautionary instruction^]” Green v. State, 89 So.3d 543, 549 (¶ 15) (Miss.2012) (quoting Derouen v. State, 994 So.2d 748, 756 (¶ 20) (Miss.2008)). ¶ 12.

11
Green v. Stategreen
miss · 2012 · cited in 1 Mississippi opinions naming this issue, 2016–2016
1 sentence

2016“Evidence of a sexual offense, other than the one charged, which involves a victim other than the victim of the charged offense for which the accused is on trial,” may be considered by the jury “if properly admitted under Rule 404(b), filtered through Rule 403, and accompanied by an appropriately-drafted limiting or cautionary instruction^]” Green v. State, 89 So.3d 543, 549 (¶ 15) (Miss.2012) (quoting Derouen v. State, 994 So.2d 748, 756 (¶ 20) (Miss.2008)). ¶ 12.

11
Smith v. Stategreen
miss · 2006 · cited in 1 Mississippi opinions naming this issue, 2016–2016
1 sentence

2016As T.J. testified at trial after the trial court conducted a hearing outside the presence of the jury, “the sole issue is whether the ‘time, content, and circumstances of the statement provide substantial indicia of reliability.’ ” Smith v. State, 925 So.2d 825, 837 (Miss.2006).

11
Peterson v. Stategreen
miss · 1987 · cited in 1 Mississippi opinions naming this issue, 2011–2011
1 sentence

2011The trial court conducted a hearing, pursuant to Peterson v. State, 518 So.2d 632, 636 (Miss.1987), and found the prior conviction to be admissible for impeachment purposes.

11
Turner v. Stategreen
miss · 1999 · cited in 1 Mississippi opinions naming this issue, 2000–2000
1 sentence

2000See Turner v. State, 732 So. 2d 937 (Miss. 1999). 2 Money Pillai (the owner of Mims One Stop), Trent Turner (Hart Turner's brother), and Dent Turner (Hart Turner's uncle) are hereinafter referred to collectively as "the new defendants." The entire group of plaintiffs will be referred to as "Curry." Where necessary, first names will be used to avoid confusion. 2 therefore precluded recovery.3 The trial court conducted a hearing on the various motions to dismiss and dismissed the new defendants with prejudice because the statute of limitations had run.

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 (14)

CaseCitedYears
Polk v. State green
miss · 1992
2 sentences

1999The trial court conducted a hearing outside the presence of the jury to determine whether or not the DNA testimony would be allowed in front of the jury in accord with Polk v. State, 612 So.2d 381 (Miss.1992). ¶ 29.

1997The trial court conducted a hearing outside the presence of the jury to determine whether or not the DNA testimony would be allowed in front of the jury in accord with Polk v. State, 612 So. 2d 381 (Miss. 1992). ¶29.

21997–1999
Pendergraft v. Mississippi neutral
scotus · 1969
2 sentences

1997Relying on Pendergraft v. State, 213 So.2d 560 (Miss.1968), appeal dismissed, 394 U.S. 715 , 89 S.Ct. 1453 , 22 L.Ed.2d 671 (1969), reh'g denied, 395 U.S. 941 , 89 S.Ct. 1993 , 23 L.Ed.2d 459 (1969), the trial court held that Evans lacked standing to challenge statutory technicalities and overruled the motion. ś 162.

1993Relying on Pendergraft v. State, 213 So. 2d 560 (Miss.1968), appeal dismissed, 394 U.S. 715 (1969), reh'g denied, 395 U.S. 941 (1969), the trial court held that Evans lacked standing to challenge statutory technicalities and overruled the motion. ¶162.

21993–1997
D'Ercole v. United States green
scotus · 1969
2 sentences

1997Relying on Pendergraft v. State, 213 So.2d 560 (Miss.1968), appeal dismissed, 394 U.S. 715 , 89 S.Ct. 1453 , 22 L.Ed.2d 671 (1969), reh'g denied, 395 U.S. 941 , 89 S.Ct. 1993 , 23 L.Ed.2d 459 (1969), the trial court held that Evans lacked standing to challenge statutory technicalities and overruled the motion. ś 162.

1993Relying on Pendergraft v. State, 213 So. 2d 560 (Miss.1968), appeal dismissed, 394 U.S. 715 (1969), reh'g denied, 395 U.S. 941 (1969), the trial court held that Evans lacked standing to challenge statutory technicalities and overruled the motion. ¶162.

21993–1997
Pendergraft v. State green
miss · 1968
2 sentences

1997Relying on Pendergraft v. State, 213 So.2d 560 (Miss.1968), appeal dismissed, 394 U.S. 715 , 89 S.Ct. 1453 , 22 L.Ed.2d 671 (1969), reh'g denied, 395 U.S. 941 , 89 S.Ct. 1993 , 23 L.Ed.2d 459 (1969), the trial court held that Evans lacked standing to challenge statutory technicalities and overruled the motion. ś 162.

1993Relying on Pendergraft v. State, 213 So. 2d 560 (Miss.1968), appeal dismissed, 394 U.S. 715 (1969), reh'g denied, 395 U.S. 941 (1969), the trial court held that Evans lacked standing to challenge statutory technicalities and overruled the motion. ¶162.

21993–1997
Samuel Wilcher, Jr. v. Lincoln County Board of Supervisors green
miss · 2018
1 sentence

2019Critically, just two weeks later, the Supreme Court completely transformed the test for municipal liability under the MTCA in Wilcher v. Lincoln County Board of Supervisors & City of Brookhaven, 243 So. 3d 177 (Miss. 2018).

12019–2019
Berry v. State green
miss · 1999
2 sentences

2015Id.

2015Id.

12015–2015
Idaho v. Wright green
scotus · 1990
2 sentences

2000In that hearing, the trial court specifically received evidence and arguments on the twelve factors identified in Idaho v. Wright, 497 U.S. 805 , 110 S.Ct. 3139 , 111 L.Ed.2d 638 (1990), as relevant to a hearsay exception under M.R.E. 803(25).

2000In that hearing, the trial court specifically received evidence and arguments on the twelve factors identified in Idaho v. Wright, 497 U.S. 805 , 110 S.Ct. 3139 , 111 L.Ed.2d 638 (1990), as relevant to a hearsay exception under M.R.E. 803(25).

12000–2000
Journey v. Long green
miss · 1991
1 sentence

1999Id. at 1270 .

11999–1999
Utah Public Service Commission v. El Paso Natural Gas Co. green
scotus · 1969
1 sentence

1997Relying on Pendergraft v. State, 213 So.2d 560 (Miss.1968), appeal dismissed, 394 U.S. 715 , 89 S.Ct. 1453 , 22 L.Ed.2d 671 (1969), reh'g denied, 395 U.S. 941 , 89 S.Ct. 1993 , 23 L.Ed.2d 459 (1969), the trial court held that Evans lacked standing to challenge statutory technicalities and overruled the motion. ś 162.

11997–1997
In re Dennett neutral
scotus · 1969
1 sentence

1997Relying on Pendergraft v. State, 213 So.2d 560 (Miss.1968), appeal dismissed, 394 U.S. 715 , 89 S.Ct. 1453 , 22 L.Ed.2d 671 (1969), reh'g denied, 395 U.S. 941 , 89 S.Ct. 1993 , 23 L.Ed.2d 459 (1969), the trial court held that Evans lacked standing to challenge statutory technicalities and overruled the motion. ś 162.

11997–1997
Kordic v. Esperdy green
scotus · 1969
1 sentence

1997Relying on Pendergraft v. State, 213 So.2d 560 (Miss.1968), appeal dismissed, 394 U.S. 715 , 89 S.Ct. 1453 , 22 L.Ed.2d 671 (1969), reh'g denied, 395 U.S. 941 , 89 S.Ct. 1993 , 23 L.Ed.2d 459 (1969), the trial court held that Evans lacked standing to challenge statutory technicalities and overruled the motion. ś 162.

11997–1997
Mississippi Publishers Corp. v. Coleman green
miss · 1987
2 sentences

1994Prior to doing so, the trial court conducted a hearing on the motion and entered an order containing specific findings of fact and a finding that the court had considered less restrictive alternatives to closure. 515 So.2d at 1164 .

1994The closure order was limited, and the petitioner was "to be granted access to a complete transcript of all closed, pre-trial proceedings." Id. at 1166 .

11994–1994
Brown v. State green
miss · 1988
1 sentence

1992In Brown v. State, 533 So.2d 1118 (Miss. 1988), before the defendant entered a guilty plea, the trial court conducted a hearing on his demurrer to the indictment.

11992–1992
Norwood v. State green
miss · 1972
1 sentence

1977In Norwood v. State, 258 So.2d 756 (Miss. 1972) the court conducted a hearing on motions of the defendant to suppress evidence and suppress declaration of the defendant from approximately 4:00 o'clock p.m. until 6:00 o'clock p.m.

11977–1977

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-65 (5) MS § Miss. Code Ann. § 97-3-53 (4) MS § Miss. Code Ann. § 97-3-7 (4) MS § Miss. Code Ann. § 97-3-19 (3) MS § Miss. Code Ann. § 97-5-39 (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 159 (1966–2025) IL 140 (1956–2026) CA 131 (1962–2026) OH 111 (1994–2026) PA 111 (1976–2026) NY 111 (1911–2026) GA 93 (1972–2025) FL 80 (1966–2023) AL 56 (1978–2023) NC 36 (1969–2026) IN 27 (1978–2019) TN 27 (1984–2026) MI 25 (1983–2026) NJ 22 (1990–2026) CT 19 (1989–2024) LA 19 (1970–2020) MS 18 (1977–2023) WY 18 (2018–2026) MO 14 (1961–2023) AZ 13 (1969–2021) CO 13 (1942–2022) KY 13 (1971–2026) KS 12 (1948–2026) VA 11 (1996–2023) WA 9 (1993–2022) MD 8 (1974–2026) OK 8 (1937–2015) WV 7 (1980–2024) OR 6 (1911–2022) DC 6 (1984–2016) ME 5 (2009–2017) SC 5 (1986–2021) AR 5 (1973–2024) VT 4 (2001–2026) UT 4 (2001–2021) NE 3 (1992–2013) WI 3 (1993–2010) NM 3 (1952–1970) SD 3 (1990–2013) DE 2 (2015–2022) ID 2 (1979–2022) HI 2 (2003–2008)

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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