17 Mississippi opinions name it 2 courts 1979–2024 3 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 |
|---|---|---|
Pruett v. City of Rosedalered2 sentences1999In Pruett v. City of Rosedale, 421 So.2d 1046, 1052 (Miss.1982), this Court abolished the judicially created doctrine of sovereign immunity for general tort liability, leaving the Legislature the responsibility to place limitations on governmental liability within constitutional limits. 1996In Pruett v. City of Rosedale, 421 So. 2d 1046, 1052 (Miss. 1982), this Court abolished the judicially created doctrine of sovereign immunity for general tort liability, leaving the Legislature the responsibility to place limitations on governmental liability within constitutional limits. | 3 | 6 |
Presley v. Mississippi State Hwy. Com'ngreen2 sentences1999Presley v. Mississippi State Highway Comm., 608 So.2d 1288, 1291 (Miss.1992)(plurality opinion). ¶ 8. 1996Presley v. Mississippi State Highway Comm., 608 So. 2d 1288, 1291 (Miss. 1992)(plurality opinion). ¶8. | 2 | 2 |
Charles Bester v. State of Mississippigreen1 sentence2024It should be noted that even when the Supreme Court overruled Luckett’s substantive holding concerning sentencing in Bester, 188 So. 3d at 529-30 (¶10), the Supreme Court still affirmed the application of the successive-motions bar, stating: 8 In Howell v. State, 358 So. 3d 613 , 616 (¶12) (Miss. 2023), the Mississippi Supreme Court held that the three-year statute of limitation of the UPCCRA was no longer subject to a judicially-created exception for “fundamental rights.” The Court reiterated this in Ronk, 2024 WL 131639 , at *2 (¶16), stating that Howell overruled any case “that has held tha | 1 | 1 |
United States v. Parkergreen1 sentence2021United States v. Parker, 554 F.3d 230, 234 (2d Cir. 2009). ¶11. | 1 | 1 |
Small v. Stategreen1 sentence2020See, e.g., Small v. State, 141 So. 3d 61, 66 (¶13) (Miss. | 1 | 1 |
Riley v. Claytongreen1 sentence1995We do acknowledge the judicially created exception set forth in Riley v. Clayton, 441 So.2d 1322, 1328 (Miss. 1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Glaskox by and Through Denton v. Glaskox
green
2 sentences2005The Glaskox court held as follows: "We hold that the judicially created doctrine of parental immunity has outlived its purpose and adopt the majority view abrogating the principle as it applies to the negligent operation of a motor vehicle." Glaskox, 614 So.2d at 912 . 2004The Glaskox court held as follows: “We hold that the judicially created doctrine of parental immunity has outlived its purpose and adopt the majority view abrogating the principle as it applies to the negligent operation of a motor vehicle.” Glaskox, 614 So. 2d at 912 . | 2 | 2004–2005 |
Leigh v. Harrison
green
2 sentences1997In Mississippi, where the doctrine was judicially created, our main authority on point is the case of Leigh v. Harrison, 69 Miss. 923 , 11 So. 604 (1892). ¶ 12. 1995In Mississippi, where the doctrine was judicially created, our main authority on point is the case of Leigh v. Harrison, 69 Miss. 923 , 11 So. 604 (1892). ¶12. | 2 | 1995–1997 |
Wyssbrod v. Wittjen
green
1 sentence2022Erroneously, the majority applies a judicially created exception from Wyssbrod v. Wittjen, 798 So. 2d 352 (Miss. 2001), and finds that Perkins’s and Ayers’s conduct in the sending of an email to the court administrator constituted direct contempt. | 1 | 2022–2022 |
Jones v. Knight
green
1 sentence1992Prior to Pruett , decided November 10, 1982, sovereign immunity in this State, except in the few and limited instances in which it had been waived by statute, [1] was governed by common law, and for the State and all political subdivisions, except for "proprietary" functions of municipalities, was absolute. [2] *1291 Beginning with County of Yalabusha v. Carby, 6 Miss. (3 Sm. & M.) 529 (1844), this Court recognized a common law sovereign immunity in this State, and this judicially created immunity was firmly established by a long line of our subsequent decisions. [3] Our discomfort with this j | 1 | 1992–1992 |
Bageris v. McGregor
green
1 sentence1992Prior to Pruett , decided November 10, 1982, sovereign immunity in this State, except in the few and limited instances in which it had been waived by statute, [1] was governed by common law, and for the State and all political subdivisions, except for "proprietary" functions of municipalities, was absolute. [2] *1291 Beginning with County of Yalabusha v. Carby, 6 Miss. (3 Sm. & M.) 529 (1844), this Court recognized a common law sovereign immunity in this State, and this judicially created immunity was firmly established by a long line of our subsequent decisions. [3] Our discomfort with this j | 1 | 1992–1992 |
Berry v. Hinds County
green
1 sentence1992Prior to Pruett , decided November 10, 1982, sovereign immunity in this State, except in the few and limited instances in which it had been waived by statute, [1] was governed by common law, and for the State and all political subdivisions, except for "proprietary" functions of municipalities, was absolute. [2] *1291 Beginning with County of Yalabusha v. Carby, 6 Miss. (3 Sm. & M.) 529 (1844), this Court recognized a common law sovereign immunity in this State, and this judicially created immunity was firmly established by a long line of our subsequent decisions. [3] Our discomfort with this j | 1 | 1992–1992 |
State v. Knox
green
1 sentence1992Prior to Pruett , decided November 10, 1982, sovereign immunity in this State, except in the few and limited instances in which it had been waived by statute, [1] was governed by common law, and for the State and all political subdivisions, except for "proprietary" functions of municipalities, was absolute. [2] *1291 Beginning with County of Yalabusha v. Carby, 6 Miss. (3 Sm. & M.) 529 (1844), this Court recognized a common law sovereign immunity in this State, and this judicially created immunity was firmly established by a long line of our subsequent decisions. [3] Our discomfort with this j | 1 | 1992–1992 |
Lewis v. Lewis
green
2 sentences1988In Lewis v. Lewis, 370 Mass. 619 , 351 N.E.2d 526 (1976) wherein the Massachusetts Court abrogated interspousal immunity, the Court stated: When the rationales which gave meaning and coherence to a judicially created rule are no longer vital, and the rule itself is not consonant with the needs of contemporary society, a court not only has the authority but also the duty to reexamine its precedents rather than to apply by rote an antiquated formula. 1988In Lewis v. Lewis, 370 Mass. 619 , 351 N.E.2d 526 (1976) wherein the Massachusetts Court abrogated interspousal immunity, the Court stated: When the rationales which gave meaning and coherence to a judicially created rule are no longer vital, and the rule itself is not consonant with the needs of contemporary society, a court not only has the authority but also the duty to reexamine its precedents rather than to apply by rote an antiquated formula. | 1 | 1988–1988 |
Grantham v. Dept. of Corrections
green
1 sentence1988In a recent case, Grantham v. Department of Corrections, 522 So.2d 219 (Miss. 1988), this Court explained the ambiguities concerning judicially created sovereign immunity and legislatively created sovereign immunity: The judicially created doctrine of sovereign immunity was abolished by this Court in Pruett v. City of Rosedale, 421 So.2d 1046 (Miss. 1982). | 1 | 1988–1988 |
Long v. City of Weirton
green
1 sentence1979The Supreme Court of West Virginia, in the recent case of Long v. City of Weirton, 214 S.E.2d 832 (W. | 1 | 1979–1979 |
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.