17 Mississippi opinions name it 2 courts 1990–2021 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.
| Case | Followed | Cited |
|---|---|---|
Gothard v. Stategreen2 sentences1998This Court rejected that argument, citing then Rule 4.08(1), Pate v. Robinson, 383 U.S. 375, 384 , 86 S.Ct. 836 , 15 L.Ed.2d 815 (1966) (holding that "it is contradictory to argue that a defendant may be incompetent, and yet knowingly or intelligently `waive' his right to have the court determine his capacity to stand trial"), and Gothard v. State, 452 So.2d 889, 893 (Ala. Crim.App.1984) ("Even where the issue of competency to stand trial has not been raised by defense counsel, the trial judge has an ongoing and continuing responsibility to prevent the trial of an accused unable to assist in h 1998The Mississippi Supreme Court rejected this argument and cited then Rule 4.08(1), along with Pate v. Robinson, 383 U.S. 375, 384 (1966) (holding that "it is contradictory to argue that a defendant may be incompetent, and yet knowingly or intelligently 'waive' his right to have the court determine his capacity to stand trial."), and Gothard v. State, 452 So. 2d 889, 893 (Ala.Crim.App.1984) ("Even where the issue of competency to stand trial has not been raised by defense counsel, the trial judge has an ongoing and continuing responsibility to prevent the trial of an accused unable to assist in | 3 | 3 |
Pate v. Robinsongreen2 sentences1998This Court rejected that argument, citing then Rule 4.08(1), Pate v. Robinson, 383 U.S. 375, 384 , 86 S.Ct. 836 , 15 L.Ed.2d 815 (1966) (holding that "it is contradictory to argue that a defendant may be incompetent, and yet knowingly or intelligently `waive' his right to have the court determine his capacity to stand trial"), and Gothard v. State, 452 So.2d 889, 893 (Ala. Crim.App.1984) ("Even where the issue of competency to stand trial has not been raised by defense counsel, the trial judge has an ongoing and continuing responsibility to prevent the trial of an accused unable to assist in h 1998The Mississippi Supreme Court rejected this argument and cited then Rule 4.08(1), along with Pate v. Robinson, 383 U.S. 375, 384 (1966) (holding that "it is contradictory to argue that a defendant may be incompetent, and yet knowingly or intelligently 'waive' his right to have the court determine his capacity to stand trial."), and Gothard v. State, 452 So. 2d 889, 893 (Ala.Crim.App.1984) ("Even where the issue of competency to stand trial has not been raised by defense counsel, the trial judge has an ongoing and continuing responsibility to prevent the trial of an accused unable to assist in | 2 | 3 |
Thomas v. Stategreen1 sentence2021See Jackson v. State, 178 So. 3d 807, 812 (¶18) (Miss Ct. App. 2014) (discussing a defendant who provided his own affidavit in support of his PCR motion, as well as an affidavit from his wife, stating that the defendant’s attorney told him the enhanced sentence would not prevent him from being eligible for parole); Thomas v. State, 881 So. 2d 912, 914 (¶4) (Miss. | 1 | 1 |
Jackson v. Stategreen1 sentence2021See Jackson v. State, 178 So. 3d 807, 812 (¶18) (Miss Ct. App. 2014) (discussing a defendant who provided his own affidavit in support of his PCR motion, as well as an affidavit from his wife, stating that the defendant’s attorney told him the enhanced sentence would not prevent him from being eligible for parole); Thomas v. State, 881 So. 2d 912, 914 (¶4) (Miss. | 1 | 1 |
United States v. Cavittgreen1 sentence2012See Miss.Code Ann. § 99 — 39—5(l)(g) (Supp. 2011) (granting statutory right to have criminal judgment set aside based on involuntary guilty plea); Hill v. State, 60 So.3d 824, 827 (¶ 6) (Miss.Ct.App.2011) (holding that a voluntary guilty plea waives a claim of ineffective assistance of counsel “except insofar as the alleged ineffectiveness relates to the voluntariness of the giving of the guilty plea” (quoting United States v. Cavitt, 550 F.3d 430, 441 (5th Cir.2008))). | 1 | 1 |
Croke v. Southgate Sewer Dist.green1 sentence2012While Faul is correct that granting summary judgment without a hearing is error, this error “may be harmless error if there are, indeed, no triable issues of fact.” Partin, 929 So.2d at 934 (¶ 38) (citing Croke v. Southgate Sewer Dist., 857 So.2d 774, 778 (¶ 10) (Miss.2003); Adams v. Cinemark USA, Inc., 831 So.2d 1156, 1163 (¶ 26) (Miss.2002)). | 1 | 1 |
Adams v. Cinemark USA, Inc.green1 sentence2012While Faul is correct that granting summary judgment without a hearing is error, this error “may be harmless error if there are, indeed, no triable issues of fact.” Partin, 929 So.2d at 934 (¶ 38) (citing Croke v. Southgate Sewer Dist., 857 So.2d 774, 778 (¶ 10) (Miss.2003); Adams v. Cinemark USA, Inc., 831 So.2d 1156, 1163 (¶ 26) (Miss.2002)). | 1 | 1 |
Partin v. North Mississippi Medical Centergreen2 sentences2012While Faul is correct that granting summary judgment without a hearing is error, this error “may be harmless error if there are, indeed, no triable issues of fact.” Partin, 929 So.2d at 934 (¶ 38) (citing Croke v. Southgate Sewer Dist., 857 So.2d 774, 778 (¶ 10) (Miss.2003); Adams v. Cinemark USA, Inc., 831 So.2d 1156, 1163 (¶ 26) (Miss.2002)). 2012“Adams, specifically, declared that a summary judgment motion may be decided upon written briefs, if it appears that there are no genuine issues of material fact.” Partin, 929 So.2d at 934-35 (¶ 38). | 1 | 1 |
Hill v. Stategreen1 sentence2012See Miss.Code Ann. § 99 — 39—5(l)(g) (Supp. 2011) (granting statutory right to have criminal judgment set aside based on involuntary guilty plea); Hill v. State, 60 So.3d 824, 827 (¶ 6) (Miss.Ct.App.2011) (holding that a voluntary guilty plea waives a claim of ineffective assistance of counsel “except insofar as the alleged ineffectiveness relates to the voluntariness of the giving of the guilty plea” (quoting United States v. Cavitt, 550 F.3d 430, 441 (5th Cir.2008))). | 1 | 1 |
Ferguson v. Fergusongreen1 sentence1990The affidavit shall contain a statement to a reasonable degree of certainty that the defendant (1) has a combined IQ of 75 or below; and (2) upon testing, the expert has a reasonable belief 21 This would work best if the trial court specifically states the factors one by one as we have held in other cases such as Ferguson v. Ferguson, 639 So.2d 921, 929 (Miss. 1994). 27 that the defendant will be found to be mentally retarded. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cook v. BD. OF SUP'RS OF LOWNDES COUNTY
green
2 sentences2010Moreover, this Court has stated that the hearing requirement is "not necessarily one according to the form of a trial in a court of law." Cook, 571 So.2d at 934 . 2010Moreover, this Court has stated that the hearing requirement is “not necessarily one according to the form of a trial in a court of law.” Cook, 571 So.2d at 934 . | 2 | 2009–2010 |
Hatten v. State
green
2 sentences2000We granted certiorari and, pursuant to Hatten v. State, 628 So.2d 294 (Miss.1993), reverse the judgment of the Court of Appeals and remand this case to the Hinds County Circuit Court. 1996We granted certiorari and, pursuant to Hatten v. State, 628 So. 2d 294 (Miss. 1993), reverse the judgment of the Court of Appeals and remand this case to the Hinds County Circuit Court. | 2 | 1996–2000 |
Perry v. Sindermann
green
2 sentences1998Id. at 595 , 92 S.Ct. 2694 . 1998Id. at 595 , 92 S.Ct. 2694 . | 2 | 1991–1998 |
Board of Regents of State Colleges v. Roth
green
2 sentences1998In Board of Regents of State Colleges v. Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972), the plaintiff was employed under a one-year contract that was not renewed and he was not provided with a hearing to challenge the merits of the decision not to rehire him for a teaching job. 1998In Board of Regents of State Colleges v. Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972), the plaintiff was employed under a one-year contract that was not renewed and he was not provided with a hearing to challenge the merits of the decision not to rehire him for a teaching job. | 2 | 1991–1998 |
Harrington v. Harrington
green
1 sentence2015However, the primary goal of a visitation schedule is “to maintain a healthy, loving relationship between the non-custodial parent and his child.” Harrington, 648 So.2d at 545 . | 1 | 2015–2015 |
Barker v. Wingo
green
2 sentences2004The first claim of ineffective assistance concerns a violation of the right to a speedy trial which would have required a hearing on the factors in Barker v. Wingo, 407 U.S. 514, 530-33 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 , (1972). 2 However, this claim was not presented to the trial judge for review. 2004The first claim of ineffective assistance concerns a violation of the right to a speedy trial which would have required a hearing on the factors in Barker v. Wingo, 407 U.S. 514, 530-33 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 , (1972). 2 However, this claim was not presented to the trial judge for review. | 1 | 2004–2004 |
Perkins v. State
green
1 sentence1993Id. at 793 . | 1 | 1993–1993 |
Sardis Luggage Co. v. Wilson
green
1 sentence1991In Sardis Luggage Co. v. Wilson, 374 So.2d 826 (Miss.1979), the claimant failed to put on proof of loss of wage-earning capacity at the hearing on her claim. | 1 | 1991–1991 |
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.