long standing rule (Mississippi) · Go Syfert
← Mississippi issues

long standing rule in Mississippi

18 Mississippi opinions name it 2 courts 1971–2024 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 (16)

CaseFollowedCited
Capler v. City of Greenvillegreen
miss · 1968 · cited in 2 Mississippi opinions naming this issue, 1997–1998
2 sentences

1998Capler v. City of Greenville, 207 So.2d 339, 341 (Miss.1968)(citing Bone v. State, 207 Miss. 20 , 41 So.2d 347 (1949)). ¶ 16.

1997Capler v. City of Greenville, 207 So.2d 339, 341 (Miss. 1968)(citing Bone v. State, 207 Miss. 20 , 41 So.2d 347 (1949)). ¶16.

22
Nelms & Blum Co. v. Finkgreen
miss · 1930 · cited in 1 Mississippi opinions naming this issue, 2024–2024
2 sentences

2024It is a long standing rule in our State that a lawyer in closing argument “may comment upon any facts introduced in evidence . . . [and] draw whatever deductions seem to him proper from these facts, so long as he does not use violent and abusive language. . . .” Nelms & Blum Co. v. Fink, 159 Miss. 372, 382 , 131 So. 817, 820 (1930) (emphasis added). “[T]here is nothing to authorize the court to interfere until there is either abuse, unjustified denunciation, or a statement of fact not shown in evidence.” Id. (emphasis added).

2024It is a long standing rule in our State that a lawyer in closing argument “may comment upon any facts introduced in evidence . . . [and] draw whatever deductions seem to him proper from these facts, so long as he does not use violent and abusive language. . . .” Nelms & Blum Co. v. Fink, 159 Miss. 372, 382 , 131 So. 817, 820 (1930) (emphasis added). “[T]here is nothing to authorize the court to interfere until there is either abuse, unjustified denunciation, or a statement of fact not shown in evidence.” Id. (emphasis added).

11
Moffett v. Stategreen
miss · 2014 · cited in 1 Mississippi opinions naming this issue, 2024–2024
1 sentence

2024Our modern precedent is also clear that lawyers “are permitted to argue anything . . . that was presented as evidence.” Moffett v. State, 156 So. 3d 835, 858 (¶63) (Miss. 2014).

11
Atlas Roll-Lite Door Corp. v. Energreen
missctapp · 1999 · cited in 1 Mississippi opinions naming this issue, 2000–2000
1 sentence

2000Atlas Roll-Lite Door Corp. v. Ener, 741 So.2d 343, 347 (Miss.Ct.App.1999).

11
Brown v. Stategreen
miss · 1996 · cited in 1 Mississippi opinions naming this issue, 1996–1996
1 sentence

1996See also Brown v. State, 690 So. 2d 276, 285 (Miss. 1996)(circuit court did not err in refusing to suppress evidence of shoes and coat taken from plain view at defendant's house taken at the time of his arrest); Upshaw v. Sta te, 350 So. 2d 1358 (Miss.1977)(seizure of defendant's clothing upon his arrival at jail not a violation of his constitutional rights).

11
Roberts v. Stategreen
miss · 1984 · cited in 1 Mississippi opinions naming this issue, 1995–1995
1 sentence

1995Roberts v. State, 458 So.2d 719, 721 (Miss. 1984); Hickombottom v. State, 409 So.2d 1337 (Miss. 1982); Anderson v. State, 397 So.2d 81 (Miss. 1981); Norman v. State, 385 So.2d 1298 (Miss. 1980).

11
Chase v. Stategreen
miss · 1994 · cited in 1 Mississippi opinions naming this issue, 1995–1995
1 sentence

1995This Court has recently reaffirmed this long standing rule in Chase v. State, 645 So.2d 829, 852 (Miss. 1994), wherein the Court stated, "Looking at the instructions as a whole, it cannot be said that there was reversible error in spite of the procedural bar." See also, Thompson v. State, 602 So.2d 1185 (Miss. 1992), wherein the Court stated: We do not forget the rule that if instructions correctly state the law when read together as a whole, there is no reversible error.

11
Quick v. Stategreen
miss · 1990 · cited in 1 Mississippi opinions naming this issue, 1995–1995
1 sentence

1995He argues that the instruction constituted an amendment to the indictment and cites the long standing rule that "the state can prosecute only on the indictment returned by the grand jury and . . . the court has no authority to modify or amend the indictment in any material respect." Quick v. State, 569 So. 2d 1197, 1199 (Miss. 1990).

11
Faries v. Fariesgreen
miss · 1992 · cited in 1 Mississippi opinions naming this issue, 1993–1993
1 sentence

1993See Faries, 607 So. 2d at 1208 .

11
Hall v. Stategreen
miss · 1992 · cited in 1 Mississippi opinions naming this issue, 1993–1993
2 sentences

1993Cooper v. State, 628 So. 2d 1371, 1375 (Miss. 1993); Hall v. State, 611 So. 2d 915, 918 (Miss. 1992); Wade v. State, 583 So. 2d 965, 967 (Miss. 1991); Johnston v. State, 567 So. 2d 237, 238 (Miss. 1990).

1993Cooper v. State, 628 So. 2d 1371, 1375 (Miss. 1993); Hall v. State, 611 So. 2d 915, 918 (Miss. 1992); Wade v. State, 583 So. 2d 965, 967 (Miss. 1991); Johnston v. State, 567 So. 2d 237, 238 (Miss. 1990).

11
Johnston v. Stategreen
miss · 1990 · cited in 1 Mississippi opinions naming this issue, 1993–1993
2 sentences

1993Cooper v. State, 628 So. 2d 1371, 1375 (Miss. 1993); Hall v. State, 611 So. 2d 915, 918 (Miss. 1992); Wade v. State, 583 So. 2d 965, 967 (Miss. 1991); Johnston v. State, 567 So. 2d 237, 238 (Miss. 1990).

1993Cooper v. State, 628 So. 2d 1371, 1375 (Miss. 1993); Hall v. State, 611 So. 2d 915, 918 (Miss. 1992); Wade v. State, 583 So. 2d 965, 967 (Miss. 1991); Johnston v. State, 567 So. 2d 237, 238 (Miss. 1990).

11
Cooper v. Stategreen
miss · 1993 · cited in 1 Mississippi opinions naming this issue, 1993–1993
2 sentences

1993Cooper v. State, 628 So. 2d 1371, 1375 (Miss. 1993); Hall v. State, 611 So. 2d 915, 918 (Miss. 1992); Wade v. State, 583 So. 2d 965, 967 (Miss. 1991); Johnston v. State, 567 So. 2d 237, 238 (Miss. 1990).

1993Cooper v. State, 628 So. 2d 1371, 1375 (Miss. 1993); Hall v. State, 611 So. 2d 915, 918 (Miss. 1992); Wade v. State, 583 So. 2d 965, 967 (Miss. 1991); Johnston v. State, 567 So. 2d 237, 238 (Miss. 1990).

11
Wade v. Stategreen
miss · 1991 · cited in 1 Mississippi opinions naming this issue, 1993–1993
2 sentences

1993Cooper v. State, 628 So. 2d 1371, 1375 (Miss. 1993); Hall v. State, 611 So. 2d 915, 918 (Miss. 1992); Wade v. State, 583 So. 2d 965, 967 (Miss. 1991); Johnston v. State, 567 So. 2d 237, 238 (Miss. 1990).

1993Cooper v. State, 628 So. 2d 1371, 1375 (Miss. 1993); Hall v. State, 611 So. 2d 915, 918 (Miss. 1992); Wade v. State, 583 So. 2d 965, 967 (Miss. 1991); Johnston v. State, 567 So. 2d 237, 238 (Miss. 1990).

11
Handley v. Stategreen
miss · 1990 · cited in 1 Mississippi opinions naming this issue, 1992–1992
1 sentence

1992Mackbee v. State, 575 So.2d 16, 30 (Miss. 1990); Handley v. State, 574 So.2d 671, 682 (Miss. 1990); Singleton v. State, 518 So.2d 653, 655 (Miss. 1988) (and cases cited therein).

11
MacKbee v. Stategreen
miss · 1990 · cited in 1 Mississippi opinions naming this issue, 1992–1992
1 sentence

1992Mackbee v. State, 575 So.2d 16, 30 (Miss. 1990); Handley v. State, 574 So.2d 671, 682 (Miss. 1990); Singleton v. State, 518 So.2d 653, 655 (Miss. 1988) (and cases cited therein).

11
Singleton v. Stategreen
miss · 1988 · cited in 1 Mississippi opinions naming this issue, 1992–1992
1 sentence

1992Mackbee v. State, 575 So.2d 16, 30 (Miss. 1990); Handley v. State, 574 So.2d 671, 682 (Miss. 1990); Singleton v. State, 518 So.2d 653, 655 (Miss. 1988) (and cases cited therein).

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 (16)

CaseCitedYears
Bone v. State green
· 1949
2 sentences

1998Capler v. City of Greenville, 207 So.2d 339, 341 (Miss.1968)(citing Bone v. State, 207 Miss. 20 , 41 So.2d 347 (1949)). ¶ 16.

1998Capler v. City of Greenville, 207 So.2d 339, 341 (Miss.1968)(citing Bone v. State, 207 Miss. 20 , 41 So.2d 347 (1949)). ¶ 16.

21997–1998
Shell v. State green
miss · 1989
2 sentences

1996Further, in Shell v. State, 554 So. 2d 887 (Miss. 1989), rev'd on other grounds, 498 U.S. 1 (1990), this Court stated that "[i]t is a long- standing rule in this, and other jurisdictions that, pursuant to a lawful arrest, law enforcement officials may seize personal effects and clothing from one who has been arrested." Shell, 554 So. 2d at 896 .

1996Further, in Shell v. State, 554 So. 2d 887 (Miss. 1989), rev'd on other grounds, 498 U.S. 1 (1990), this Court stated that "[i]t is a long- standing rule in this, and other jurisdictions that, pursuant to a lawful arrest, law enforcement officials may seize personal effects and clothing from one who has been arrested." Shell, 554 So. 2d at 896 .

21994–1996
U. OF MS. MEDICAL CENTER v. Pounders green
miss · 2007
2 sentences

2020But when looking for clearly ignored evidence, this Court must carefully consider the long- standing rule that declares that in bench trials, “a judge may place whatever weight he or she chooses on expert testimony. . . .” Id.

2020For “the failure to acknowledge or rely upon the testimony of a particular expert is not error.” Id.

12020–2020
Pearson v. Parsons green
miss · 1989
1 sentence

2005Instead, this Court has upheld the well-established and long standing principle stated in Pearson v. Parsons, 541 So.2d 447 (Miss.1989).

12005–2005
Shell v. Mississippi green
scotus · 1990
1 sentence

1996Further, in Shell v. State, 554 So. 2d 887 (Miss. 1989), rev'd on other grounds, 498 U.S. 1 (1990), this Court stated that "[i]t is a long- standing rule in this, and other jurisdictions that, pursuant to a lawful arrest, law enforcement officials may seize personal effects and clothing from one who has been arrested." Shell, 554 So. 2d at 896 .

11996–1996
Upshaw v. State green
miss · 1977
1 sentence

1996See also Brown v. State, 690 So. 2d 276, 285 (Miss. 1996)(circuit court did not err in refusing to suppress evidence of shoes and coat taken from plain view at defendant's house taken at the time of his arrest); Upshaw v. Sta te, 350 So. 2d 1358 (Miss.1977)(seizure of defendant's clothing upon his arrival at jail not a violation of his constitutional rights).

11996–1996
Hickombottom v. State green
miss · 1982
1 sentence

1995Roberts v. State, 458 So.2d 719, 721 (Miss. 1984); Hickombottom v. State, 409 So.2d 1337 (Miss. 1982); Anderson v. State, 397 So.2d 81 (Miss. 1981); Norman v. State, 385 So.2d 1298 (Miss. 1980).

11995–1995
Thompson v. State green
miss · 1992
1 sentence

1995This Court has recently reaffirmed this long standing rule in Chase v. State, 645 So.2d 829, 852 (Miss. 1994), wherein the Court stated, "Looking at the instructions as a whole, it cannot be said that there was reversible error in spite of the procedural bar." See also, Thompson v. State, 602 So.2d 1185 (Miss. 1992), wherein the Court stated: We do not forget the rule that if instructions correctly state the law when read together as a whole, there is no reversible error.

11995–1995
Norman v. State green
miss · 1980
1 sentence

1995Roberts v. State, 458 So.2d 719, 721 (Miss. 1984); Hickombottom v. State, 409 So.2d 1337 (Miss. 1982); Anderson v. State, 397 So.2d 81 (Miss. 1981); Norman v. State, 385 So.2d 1298 (Miss. 1980).

11995–1995
Anderson v. State green
miss · 1981
1 sentence

1995Roberts v. State, 458 So.2d 719, 721 (Miss. 1984); Hickombottom v. State, 409 So.2d 1337 (Miss. 1982); Anderson v. State, 397 So.2d 81 (Miss. 1981); Norman v. State, 385 So.2d 1298 (Miss. 1980).

11995–1995
Merchants Nat. Bank v. Stewart green
miss · 1992
1 sentence

1995Bank v. Stewart, 608 So.2d 1120 (Miss. 1992), stating: We have construed written instruments narrowly against the drafter when there is uncertainty or ambiguity as to the intent of the parties.

11995–1995
Rives v. Rives green
miss · 1982
1 sentence

1991Rives v. Rives, 416 So.2d 653 (Miss.1982).

11991–1991
Parker v. Ainsworth neutral
miss · 1958
2 sentences

1987In Re: Stoball's Will, 211 Miss. 15 , 50 So.2d 635 (1951); Parker v. Ainsworth, 233 Miss. 806 , 103 So.2d 389 (1958).

1987In Re: Stoball's Will, 211 Miss. 15 , 50 So.2d 635 (1951); Parker v. Ainsworth, 233 Miss. 806 , 103 So.2d 389 (1958).

11987–1987
In Re Stoball's Estate green
miss · 1951
2 sentences

1987In Re: Stoball's Will, 211 Miss. 15 , 50 So.2d 635 (1951); Parker v. Ainsworth, 233 Miss. 806 , 103 So.2d 389 (1958).

1987In Re: Stoball's Will, 211 Miss. 15 , 50 So.2d 635 (1951); Parker v. Ainsworth, 233 Miss. 806 , 103 So.2d 389 (1958).

11987–1987
Tribou v. Gunn green
miss · 1982
11984–1984
Brown v. Mullins neutral
· 1852
11971–1971

Where else courts name it

TX 112 (1978–2026) PA 38 (1971–2025) FL 35 (1959–2020) LA 32 (1953–2021) IN 32 (1969–2024) OK 31 (1954–2023) TN 28 (1969–2020) CA 26 (1943–2025) MO 25 (1974–2019) IL 21 (1976–2025) WA 20 (1978–2024) MT 18 (1968–2008) MS 18 (1971–2024) AL 17 (1961–2023) ID 16 (1981–2024) GA 16 (1977–2022) KS 16 (1955–2022) OH 15 (1983–2025) NC 15 (1975–2024) SC 14 (1977–2019) VA 13 (1972–2009) CT 13 (1988–2019) KY 12 (1951–2018) MA 12 (1967–2026) SD 11 (1957–2011) MD 10 (1968–2016) AZ 9 (1960–1990) NY 9 (1888–2008) CO 8 (1959–2009) NJ 7 (1963–2020) MI 7 (1968–2021) AR 7 (1959–2021) VT 7 (1980–2020) DC 6 (1976–2020) WI 5 (1973–2020) OR 5 (1966–2015) NM 5 (1960–2007) RI 4 (1973–2010) NH 3 (2020–2022) ME 2 (1972–1977) WV 2 (1982–2022) NV 2 (1978–2024)

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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