17 Mississippi opinions name it 2 courts 1956–2023 2 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 |
|---|---|---|
Dennis v. Dennisgreen2 sentences2023We stated that unlike the defendant in Dennis v. Dennis, 824 So. 2d 604, 611 (¶18) (Miss. 2002), who “announced ready at the beginning of the hearing, defended the allegations against him, and even subpoenaed witnesses to rebut the allegation[,]” Pearson “continually objected” and declared that had he been properly notified, he would have appeared with counsel. 2021In Dennis, 824 So. 2d at 610 (¶16), the supreme court held that although the plaintiff failed to properly serve the defendant pursuant to Rule 81, the defendant “waived his claims of defective service and violation of due process.” The supreme court explained that despite the plaintiff’s failure to comply with Rule 81, the defendant appeared at the hearing, “announced ready at the beginning of the hearing, defended the allegations against him and even subpoenaed witnesses to rebut the allegations.” Id. at 611 (¶18). | 3 | 3 |
Eubanks v. Stategreen2 sentences1973As we stated in Eubanks v. State, 227 Miss. 162, 169 , 85 So.2d 805, 806 (1956): We do not think that the clause, “if they believe from the evidence beyond a reasonable doubt”, at the beginning of this instruction, can be said to qualify all of the succeeding statements, either grammatically or in common sense. 1973As we stated in Eubanks v. State, 227 Miss. 162, 169 , 85 So.2d 805, 806 (1956): We do not think that the clause, “if they believe from the evidence beyond a reasonable doubt”, at the beginning of this instruction, can be said to qualify all of the succeeding statements, either grammatically or in common sense. | 2 | 3 |
Berry v. Stategreen2 sentences2005"To establish a claim for ineffective assistance of counsel a petitioner must prove that under the totality of circumstances (1) the counsel's performance was deficient and (2) the deficient performance deprived the defendant of a fair trial." Berry v. State, 882 So.2d 157, 161 (Miss.2004) (citing Strickland v. Washington, 466 U.S. at 687 , 104 S.Ct. 2052 ). 1995“To establish a claim for ineffective assistance of counsel a petitioner must prove that under the totality of circumstances (1) the counsel’s performance was deficient and (2) the deficient performance deprived the defendant of a fair trial.” Berry v. State, 882 So. 2d 157, 161 (Miss. 2004) (citing Strickland v. Washington, 466 U.S. at 687 ). | 2 | 2 |
Brewer v. Hollidaygreen2 sentences2016Tommy’s counsel stated at the beginning of the hearing that the parties were “here only on the contempt that I had filed in the 2002 case.” He stated that he was the moving party because contempt was the only outstanding issue. “[A] citation for contempt is proper only when the contemner has willfully and deliberately ignored the order of the court. . . .” Brewer v. Holliday, 135 So. 3d 117, 121 (Miss. 2014). 2016Tommy’s counsel stated at the beginning of the hearing that the parties were “here only on the contempt that I had filed in the 2002 case.” He stated that he was the moving party because contempt was the only outstanding issue. “[A] citation for contempt is proper only when the contem-ner has willfully and deliberately ignored the order of the court; ...” Brewer v. Holliday, 135 So.3d 117, 121 (Miss.2014). | 1 | 1 |
Isom v. Jernigangreen1 sentence2012The court in Isom v. Jemigan, 840 So.2d 104, 107 (¶ 10) (Miss.2003), held that the defendant waived the issue of the Rule 81 summons never having been served because she “obviously was prepared to defend herself and did so as her attorney presented evidence on her behalf to the court.” Unlike the defendants in Isom and Dennis , it is evident from the record that Pearson was not prepared to defend himself due to the lack of notice. ¶ 32. | 1 | 1 |
Cates v. Stategreen1 sentence2006Id. at 1231-32 (¶ 10). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Marble v. State
neutral
2 sentences1982Marble v. State, 1943, 195 Miss. 386 , 15 So.2d 693 is in point. [ 227 Miss. at 169-170 , 85 So.2d at 806 ]. 1982Marble v. State, 1943, 195 Miss. 386 , 15 So.2d 693 is in point. [ 227 Miss. at 169-170 , 85 So.2d at 806 ]. | 3 | 1956–1982 |
Gladney v. Clarksdale Beverage Co., Inc.
green
2 sentences2012Gladney provides that at the beginning of the inquiry, “the trial court and opposing counsel must be made aware of any potential juror misconduct when this evidence is manifested.” Gladney, 625 So.2d at 418 . 2011Gladney provides that at the beginning of the inquiry, “the trial court and opposing counsel must be made aware of any potential juror misconduct when this evidence is manifested.” Gladney, 625 So.2d at 418 . | 2 | 2011–2012 |
Strickland v. Washington
green
2 sentences2005"To establish a claim for ineffective assistance of counsel a petitioner must prove that under the totality of circumstances (1) the counsel's performance was deficient and (2) the deficient performance deprived the defendant of a fair trial." Berry v. State, 882 So.2d 157, 161 (Miss.2004) (citing Strickland v. Washington, 466 U.S. at 687 , 104 S.Ct. 2052 ). 2005"To establish a claim for ineffective assistance of counsel a petitioner must prove that under the totality of circumstances (1) the counsel's performance was deficient and (2) the deficient performance deprived the defendant of a fair trial." Berry v. State, 882 So.2d 157, 161 (Miss.2004) (citing Strickland v. Washington, 466 U.S. at 687 , 104 S.Ct. 2052 ). | 2 | 1995–2005 |
Rice v. MERKICH
green
2 sentences2018At the beginning of the hearing, the chancellor stated that the Mississippi Supreme Court has been "pretty emphatic that the child shall take the last name of the father." The chancellor acknowledged that there is an "exception" to the rule, but he stated that "[t]he exception that's permitted isn't mere embarrassment or confusion for the child or potential embarrassment or confusion or things like that that may result from the name being changed." The chancellor cited Rice v. Merkich , 34 So.3d 555 (Miss. 2010), for this point. 2018At the beginning of the hearing, the chancellor stated that the Mississippi Supreme Court has been “pretty emphatic that the child shall take the last name of the father.” The chancellor acknowledged that there is an “exception” to the rule, but he stated that “[t]he exception that’s permitted isn’t mere embarrassment or confusion for the child or potential embarrassment or confusion or things like that that may result from the name being changed.” The chancellor cited Rice v. Merkich, 34 So. 3d 555 (Miss. 2010), for this point. | 1 | 2018–2018 |
Addington v. Texas
green
2 sentences1981Whether the individual is mentally ill and dangerous to either himself or others and is in need of confined therapy turns on the meaning of the facts which must be interpreted by expert psychiatrists and psychologists." 441 U.S. at 429 , 99 S.Ct. at 1811 , 60 L.Ed.2d at 333 . 1981Whether the individual is mentally ill and dangerous to either himself or others and is in need of confined therapy turns on the meaning of the facts which must be interpreted by expert psychiatrists and psychologists." 441 U.S. at 429 , 99 S.Ct. at 1811 , 60 L.Ed.2d at 333 . | 1 | 1981–1981 |
United States v. Thurman Jeff West
green
1 sentence1975On the other hand, as aptly stated in United States v. West, 460 F.2d 374 (5th Cir.1972), "The local policeman ... is also in a very real sense a guardian of the public peace and he has a duty in the course of his work to be alert for suspicious circumstances, and, provided that he acts within constitutional limits, to investigate whenever such circumstances indicate to him that he should do so." See also United States v. Allen, 472 F.2d 145 (5th Cir.1973). | 1 | 1975–1975 |
United States v. John Thomas Allen
green
1 sentence1975On the other hand, as aptly stated in United States v. West, 460 F.2d 374 (5th Cir.1972), "The local policeman ... is also in a very real sense a guardian of the public peace and he has a duty in the course of his work to be alert for suspicious circumstances, and, provided that he acts within constitutional limits, to investigate whenever such circumstances indicate to him that he should do so." See also United States v. Allen, 472 F.2d 145 (5th Cir.1973). | 1 | 1975–1975 |
Lone Star Gas Co. v. Corporation Commission
green
2 sentences1959In Lone Star Gas Co. v. Corporation Commission, 170 Okl. 292 , 39 P. 2d 547 , we said that there was more than one theory or formula which might be adopted and followed by rate-making bodies, and that none was exclusive or more favored than the others.” The appellant in this case, introduced evidence at the beginning of the hearing as to the value *234 of the Company’s property in two categories, one of which was evidence relating to the original cost of the property less the depreciation reserve, as shown by the books of the Company, or net investment, and the other being Hatfield’s evidence 1959In Lone Star Gas Co. v. Corporation Commission, 170 Okl. 292 , 39 P. 2d 547 , we said that there was more than one theory or formula which might be adopted and followed by rate-making bodies, and that none was exclusive or more favored than the others.” The appellant in this case, introduced evidence at the beginning of the hearing as to the value *234 of the Company’s property in two categories, one of which was evidence relating to the original cost of the property less the depreciation reserve, as shown by the books of the Company, or net investment, and the other being Hatfield’s evidence | 1 | 1959–1959 |
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.