110 Mississippi opinions name it 2 courts 1930–2025 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 |
|---|---|---|
Mosby v. Mooregreen2 sentences2011This Court has stated that “[a] state may confer benefits on some and not others under equal protection, ‘so long as its decision is rational.’ ” Mosby v. Moore, 716 So.2d 551, 555 (Miss.1988) (quoting Westbrook v. City of Jackson, 665 So.2d 833, 838 (Miss.1995)). “[Protecting the public treasury is a legitimate legislative purpose.” Mosby, 716 So.2d at 556 (citation omitted). 2011This Court has stated that “[a] state may confer benefits on some and not others under equal protection, ‘so long as its decision is rational.’ ” Mosby v. Moore, 716 So.2d 551, 555 (Miss.1988) (quoting Westbrook v. City of Jackson, 665 So.2d 833, 838 (Miss.1995)). “[Protecting the public treasury is a legitimate legislative purpose.” Mosby, 716 So.2d at 556 (citation omitted). | 4 | 4 |
JEB v. Alabama Ex Rel. TBgreen2 sentences2007See J.E.B., 511 U.S. at 130-31, 114 S.Ct. 1419 . ¶ 8. 2007See J.E.B., 511 U.S. at 130-31, 114 S.Ct. 1419 . ¶ 8. | 4 | 4 |
Patterson v. Stategreen2 sentences2003In Marcum, supra, we reaffirmed the well-established principle that, "[T]his Court has also consistently held that errors raised for the first time on appeal will not be considered, especially where constitutional questions are concerned." 741 So.2d at 238 (quoting Ellis v. Ellis, 651 So.2d 1068 (Miss.1995) (citing Patterson v. State, 594 So.2d 606, 609 (Miss.1992)). 2002In Marcum, supra, we reaffirmed the well-established principle that, "[T]his Court has also consistently held that errors raised for the first time on appeal will not be considered, especially where constitutional questions are concerned." 741 So.2d at 238 (quoting Ellis v. Ellis, 651 So.2d 1068 (Miss.1995) (citing Patterson v. State, 594 So.2d 606, 609 (Miss. 1992)). | 4 | 4 |
Lockett v. Stategreen2 sentences1998In Lockett v. State, 517 So.2d 1346, 1356-57 (Miss.1987), this Court presented a list of reasons accepted as race *189 neutral by other courts throughout the country in an effort to provide guidance to trial judges in this state, including age, demeanor, marital status, single with children, prosecutor distrusted juror, educational background, employment history, criminal record, young and single, friend charged with crime, unemployed with no roots in community, posture and demeanor indicated juror was hostile to being in court, juror was late, and short term employment. 1997In Lockett v. State, 517 So. 2d 1346, 1356-57 (Miss. 1987), this Court presented a list of reasons accepted as race neutral by other courts throughout the country in an effort to provide guidance to trial judges in this state, including age, demeanor, marital status, single with children, prosecutor distrusted juror, educational background, employment history, criminal record, young and single, friend charged with crime, unemployed with no roots in community, posture and demeanor indicated juror was hostile to being in court, juror was late, and short term employment. | 3 | 3 |
McCleskey v. Kempgreen2 sentences2025In order to succeed on an equal- protection claim, Washington “must show that the decisionmakers in h[er] case acted with discriminatory purpose.” Ronk v. State, 172 So. 3d 1112, 1147 (¶100) (Miss. 2015) (quoting McCleskey v. Kemp, 481 U.S. 279, 292 (1987)). 2014The Court held that, in order to raise a successful claim of an equal-protection violation, the criminal defendant must prove that “the decisionmakers in his case acted with discriminatory purpose.” Id. at 292 , 107 S.Ct. 1756 . | 2 | 9 |
Westbrook v. City of Jacksongreen2 sentences2011This Court has stated that “[a] state may confer benefits on some and not others under equal protection, ‘so long as its decision is rational.’ ” Mosby v. Moore, 716 So.2d 551, 555 (Miss.1988) (quoting Westbrook v. City of Jackson, 665 So.2d 833, 838 (Miss.1995)). “[Protecting the public treasury is a legitimate legislative purpose.” Mosby, 716 So.2d at 556 (citation omitted). 2008This Court has stated that “[a] state may confer benefits on some and not others under equal protection, ‘so long as its decision is rational.’” Mosby v. Moore, 716 So. 2d 551, 555 (Miss. 1988) (quoting Westbrook v. City of Jackson, 665 So. 2d 833, 838 (Miss. 1995)). “[P]rotecting the public treasury is a legitimate legislative purpose.” Mosby, 716 So. 2d at 24 This Court rejects the procedural basis for the trial court’s ruling, as the motion hearing on May 28, 2008, was “at least ten days prior to trial[,]” which commenced on September 22, 2008. | 2 | 4 |
Brennan v. Stewartgreen2 sentences2015Brennan v. Stewart, 834 F.2d 1248, 1257 (5th Cir.1988). ¶ 32. 2007Brennan v. Stewart, 834 F.2d 1248, 1257 (5th Cir.1988). | 2 | 2 |
Johnson v. Rodriguezgreen2 sentences2013Washington v. Davis, 426 U.S. 229, 242 , 96 S.Ct. 2040, 2049 , 48 L.Ed.2d 597 (1976). “[Disparate impact alone cannot suffice to state an Equal Protection violation; otherwise, any law could be challenged on Equal Protection grounds by whomever it has negatively impacted.” Johnson v. Rodriguez, 110 F.3d 299, 306 (5th Cir.1997). 2013Washington v. Davis, 426 U.S. 229, 242 , 96 S.Ct. 2040, 2049 , 48 L.Ed.2d 597 (1976). “[Disparate impact alone cannot suffice to state an Equal Protection violation; otherwise, any law could be challenged on Equal Protection grounds by whomever it has negatively impacted.” Johnson v. Rodriguez, 110 F.3d 299, 306 (5th Cir.1997). | 2 | 2 |
Jackson Firefighters Association Local 87 v. City Of Jackson, Mississippigreen2 sentences2003See Jackson Firefighters, 736 F.2d at 213. 2001See Jackson Firefighters, 736 F.2d at 213. | 2 | 2 |
United States Railroad Retirement Board v. Fritzgreen2 sentences2003See Fritz , 449 U.S. at *266 178 n. 11, 101 S.Ct. 453 . 2001See Fritz, 449 U.S. at 178 n. 11. | 2 | 2 |
Board of Trustees of Univ. of Ala. v. Garrettgreen2 sentences2002See Board of Trustees v. Garrett, 531 U.S. 356, 366-67 , 121 S.Ct. 955, 963-64 , 148 L.Ed.2d 866 (2001); Mosby v. Moore, 716 So.2d 551, 555-56 (Miss.1998); Westbrook, 665 So.2d at 840 . 2002See Board of Trustees v. Garrett, 531 U.S. 356, 366-67 , 121 S.Ct. 955, 963-64 , 148 L.Ed.2d 866 (2001); Mosby v. Moore, 716 So.2d 551, 555-56 (Miss.1998); Westbrook, 665 So.2d at 840 . | 2 | 2 |
United States v. Leo Bishopgreen2 sentences2001Government acts based on such prejudice and stereotypical thinking are precisely the type of acts prohibited by the equal protection clause of the Constitution." Id. at 825. 1999Government acts based on such prejudice and stereotypical thinking are precisely the type of acts prohibited by the equal protection clause of the Constitution." Id. at 825 (citations omitted). ¶ 29. | 2 | 2 |
| Smith v. Stategreen | 2 | 2 |
Contreras v. Stategreen2 sentences1999In Ellis v. Ellis, 651 So.2d 1068 (Miss.1995), we reaffirmed the well-established principle that, "[T]his Court has also consistently held that errors raised for the first time on appeal will not be considered, especially where constitutional questions are concerned." Id. ( citing Patterson v. State, 594 So.2d 606, 609 (Miss.1992); Contreras v. State, 445 So.2d 543, 544 (Miss.1984); Smith v. State, 430 So.2d 406, 408 (Miss. 1983)). 1997In Ellis v. Ellis, 651 So. 2d 1068 (Miss. 1995), we reaffirmed the well-established principle that, "[T]his Court has also consistently held that errors raised for the first time on appeal will not be considered, especially where constitutional questions are concerned." Id. (citing Patterson v. State, 594 So. 2d 606, 609 (Miss. 1992);Contreras v. State, 445 So. 2d 543, 544 (Miss. 1984); Smith v. State, 430 So. 2d 406, 408 (Miss. 1983)). | 2 | 2 |
| Phillip Morris v. Hiram Schoonfield, Wardengreen | 1 | 2 |
| Joseph E. Seagram & Sons, Inc. v. Hostettergreen | 1 | 2 |
| Ross v. Moffittgreen | 1 | 2 |
| Ronk v. Stategreen | 1 | 1 |
| Enriquez v. Stringfellowgreen | 1 | 1 |
| Sandin v. Connergreen | 1 | 1 |
| Thomas Durso v. Charles Rowegreen | 1 | 1 |
| Brent Wheeler v. Daniel C. Miller, Dr. C. Sue McCullough Dr. Texas Woman's Universitygreen | 1 | 1 |
| United States v. Gordon W. Kahlgreen | 1 | 1 |
| Albert v. Allied Glove Corp.green | 1 | 1 |
| Campbell v. Louisianagreen | 1 | 1 |
| Tommy Thompson v. Honorable Harry K. Gallagher, Mayor for the City of Plaquemine, Louisianagreen | 1 | 1 |
| Brown v. Stategreen | 1 | 1 |
| Stokes v. Florida Dept. of Correctionsgreen | 1 | 1 |
| Hopson v. MISSISSIPPI STATE PAROLE BD.green | 1 | 1 |
| Rias v. Hendersongreen | 1 | 1 |
| Associated Press v. Bostgreen | 1 | 1 |
| cluster 566016green | 1 | 1 |
| Billy Guice and Howard Claxton, Sr. v. Ray Fortenberry, Superintendent, East Carroll Parish Prison Farm,respondent-Appelleegreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Whitus v. Georgia
green
2 sentences2014However, Keller has failed to establish an equal-protection violation. [A] defendant who alleges an equal protection violation has the burden of proving “the existence of purposeful discrimination.” Whitus v. Georgia, 385 U.S. 545, 550 , 87 S.Ct. 643, 646 , 17 L.Ed.2d 599 (1967). 2014However, Keller has failed to establish an equal-protection violation. [A] defendant who alleges an equal protection violation has the burden of proving “the existence of purposeful discrimination.” Whitus v. Georgia, 385 U.S. 545, 550 , 87 S.Ct. 643, 646 , 17 L.Ed.2d 599 (1967). | 6 | 1998–2014 |
Batson v. Kentucky
green
2 sentences1993In Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), the Court overruled Swain insofar as Swain conditioned *300 an equal protection claim on proof of a persistent and repeated history of the exclusion of blacks by the State. 1993In Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), the Court overruled Swain insofar as Swain conditioned *300 an equal protection claim on proof of a persistent and repeated history of the exclusion of blacks by the State. | 6 | 1993–2008 |
Ellis v. Ellis
green
2 sentences2003In Marcum, supra, we reaffirmed the well-established principle that, "[T]his Court has also consistently held that errors raised for the first time on appeal will not be considered, especially where constitutional questions are concerned." 741 So.2d at 238 (quoting Ellis v. Ellis, 651 So.2d 1068 (Miss.1995) (citing Patterson v. State, 594 So.2d 606, 609 (Miss.1992)). 2002In Marcum, supra, we reaffirmed the well-established principle that, "[T]his Court has also consistently held that errors raised for the first time on appeal will not be considered, especially where constitutional questions are concerned." 741 So.2d at 238 (quoting Ellis v. Ellis, 651 So.2d 1068 (Miss.1995) (citing Patterson v. State, 594 So.2d 606, 609 (Miss. 1992)). | 4 | 1997–2003 |
Tatro v. State
green
2 sentences2000In finding merit in the defendant's argument this Court held: Unfortunately, the assignment of error is well taken, and in Tatro v. State, 372 So.2d 283 (Miss.1979), we held the statute unconstitutional. 1998In finding merit in the defendant's argument this Court held: Unfortunately, the assignment of error is well taken, and in Tatro v. State, 372 So. 2d 283 (Miss. 1979), we held the statute unconstitutional. | 3 | 1980–2000 |
Orr v. Orr
green
2 sentences1980Our decision in Tatro was occasioned by the United States Supreme Court’s new interpretation of the equal protection clause of the Constitution, reflected in Orr v. Orr, 440 U.S. 268 , 99 S.Ct. 1102 , 59 L.Ed.2d 306 (1979); Califano v. Webster, 430 U.S. 313 , 97 S.Ct. 1192 , 51 L.Ed.2d 360 (1977). 1980Our decision in Tatro was occasioned by the United States Supreme Court’s new interpretation of the equal protection clause of the Constitution, reflected in Orr v. Orr, 440 U.S. 268 , 99 S.Ct. 1102 , 59 L.Ed.2d 306 (1979); Califano v. Webster, 430 U.S. 313 , 97 S.Ct. 1192 , 51 L.Ed.2d 360 (1977). | 3 | 1980–1992 |
Califano v. Webster
green
2 sentences1980Our decision in Tatro was occasioned by the United States Supreme Court’s new interpretation of the equal protection clause of the Constitution, reflected in Orr v. Orr, 440 U.S. 268 , 99 S.Ct. 1102 , 59 L.Ed.2d 306 (1979); Califano v. Webster, 430 U.S. 313 , 97 S.Ct. 1192 , 51 L.Ed.2d 360 (1977). 1980Our decision in Tatro was occasioned by the United States Supreme Court’s new interpretation of the equal protection clause of the Constitution, reflected in Orr v. Orr, 440 U.S. 268 , 99 S.Ct. 1102 , 59 L.Ed.2d 306 (1979); Califano v. Webster, 430 U.S. 313 , 97 S.Ct. 1192 , 51 L.Ed.2d 360 (1977). | 3 | 1979–1980 |
Washington v. Davis
green
2 sentences2013Washington v. Davis, 426 U.S. 229, 242 , 96 S.Ct. 2040, 2049 , 48 L.Ed.2d 597 (1976). “[Disparate impact alone cannot suffice to state an Equal Protection violation; otherwise, any law could be challenged on Equal Protection grounds by whomever it has negatively impacted.” Johnson v. Rodriguez, 110 F.3d 299, 306 (5th Cir.1997). 2013Washington v. Davis, 426 U.S. 229, 242 , 96 S.Ct. 2040, 2049 , 48 L.Ed.2d 597 (1976). “[Disparate impact alone cannot suffice to state an Equal Protection violation; otherwise, any law could be challenged on Equal Protection grounds by whomever it has negatively impacted.” Johnson v. Rodriguez, 110 F.3d 299, 306 (5th Cir.1997). | 2 | 2012–2013 |
Scott v. State
green
2 sentences2005This Court has held that ". . . a defendant who alleges an equal protection violation has the burden of proving `the existence of purposeful discrimination.'" Scott v. State, 878 So.2d at 993 (citing Whitus v. Georgia, 385 U.S. 545, 550 , 87 S.Ct. 643, 646 , 17 L.Ed.2d 599 (1967)). 1998This Court has held that “...a defendant who alleges an equal protection violation has the burden of proving "the existence of purposeful discrimination."” Scott v. State, 878 So.2d at 993 (citing Whitus v. Georgia, 385 U.S. 545, 550 , 87 S.Ct. 643, 646 , 17 L.Ed.2d 599 (1967)). | 2 | 1998–2005 |
Wayte v. United States
green
2 sentences2004Wayte v. United States, 470 U.S. 598, 608 , 105 S.Ct. 1524, 1531 , 84 L.Ed.2d 547 (1985). 2004Wayte v. United States, 470 U.S. 598, 608 , 105 S.Ct. 1524, 1531 , 84 L.Ed.2d 547 (1985). | 2 | 1998–2004 |
Marcum v. Hancock County School Dist.
green
2 sentences2003In Marcum, supra, we reaffirmed the well-established principle that, "[T]his Court has also consistently held that errors raised for the first time on appeal will not be considered, especially where constitutional questions are concerned." 741 So.2d at 238 (quoting Ellis v. Ellis, 651 So.2d 1068 (Miss.1995) (citing Patterson v. State, 594 So.2d 606, 609 (Miss.1992)). 2003In Marcum, supra, we reaffirmed the well-established principle that, "[T]his Court has also consistently held that errors raised for the first time on appeal will not be considered, especially where constitutional questions are concerned." 741 So.2d at 238 (quoting Ellis v. Ellis, 651 So.2d 1068 (Miss.1995) (citing Patterson v. State, 594 So.2d 606, 609 (Miss.1992)). | 2 | 2002–2003 |
Gentry v. Wallace
green
2 sentences2003In support of her position, Carter cites Gentry v. Wallace, 606 So.2d 1117 (Miss.1992), out of context. 2002In support of her position, Carter cites Gentry v. Wallace, 606 So.2d 1117 (Miss. 1992), out of context. | 2 | 2002–2003 |
State v. Jones
green
2 sentences2003Since the SLRP statute does not interfere with a fundamental right and does not create a suspect class, it violates the equal protection clause only if we find that the statute is not "rationally or reasonably related to a proper legislative purpose." Id. at 574 . ¶ 10. 2001Since the SLRP statute does not interfere with a fundamental right and does not create a suspect class, it violates the equal protection clause only if we find that the statute is not "rationally or reasonably related to a proper legislative purpose." Id. at 574 . | 2 | 2001–2003 |
Federal Communications Commission v. Beach Communications, Inc.
green
2 sentences2000Heller v. Doe, 509 U.S. 312, 320 , 113 S.Ct. 2637, 2642 , 125 L.Ed.2d 257 (1993)(citing F.C.C. v. Beach Communications, Inc., 508 U.S. 307 , 113 *102 S.Ct. 2096, 124 L.Ed.2d 211 (1993)); Schweiker v. Wilson, 450 U.S. 221, 230 , 101 S.Ct. 1074 , 67 L.Ed.2d 186 (1981). 2000Heller v. Doe, 509 U.S. 312, 320 , 113 S.Ct. 2637, 2642 , 125 L.Ed.2d 257 (1993)(citing F.C.C. v. Beach Communications, Inc., 508 U.S. 307 , 113 *102 S.Ct. 2096, 124 L.Ed.2d 211 (1993)); Schweiker v. Wilson, 450 U.S. 221, 230 , 101 S.Ct. 1074 , 67 L.Ed.2d 186 (1981). | 2 | 1999–2000 |
Heller v. Doe Ex Rel. Doe
green
2 sentences2000Heller v. Doe, 509 U.S. 312, 320 , 113 S.Ct. 2637, 2642 , 125 L.Ed.2d 257 (1993)(citing F.C.C. v. Beach Communications, Inc., 508 U.S. 307 , 113 *102 S.Ct. 2096, 124 L.Ed.2d 211 (1993)); Schweiker v. Wilson, 450 U.S. 221, 230 , 101 S.Ct. 1074 , 67 L.Ed.2d 186 (1981). 2000Heller v. Doe, 509 U.S. 312, 320 , 113 S.Ct. 2637, 2642 , 125 L.Ed.2d 257 (1993)(citing F.C.C. v. Beach Communications, Inc., 508 U.S. 307 , 113 *102 S.Ct. 2096, 124 L.Ed.2d 211 (1993)); Schweiker v. Wilson, 450 U.S. 221, 230 , 101 S.Ct. 1074 , 67 L.Ed.2d 186 (1981). | 2 | 1999–2000 |
Schweiker v. Wilson
green
2 sentences2000Heller v. Doe, 509 U.S. 312, 320 , 113 S.Ct. 2637, 2642 , 125 L.Ed.2d 257 (1993)(citing F.C.C. v. Beach Communications, Inc., 508 U.S. 307 , 113 *102 S.Ct. 2096, 124 L.Ed.2d 211 (1993)); Schweiker v. Wilson, 450 U.S. 221, 230 , 101 S.Ct. 1074 , 67 L.Ed.2d 186 (1981). 2000Heller v. Doe, 509 U.S. 312, 320 , 113 S.Ct. 2637, 2642 , 125 L.Ed.2d 257 (1993)(citing F.C.C. v. Beach Communications, Inc., 508 U.S. 307 , 113 *102 S.Ct. 2096, 124 L.Ed.2d 211 (1993)); Schweiker v. Wilson, 450 U.S. 221, 230 , 101 S.Ct. 1074 , 67 L.Ed.2d 186 (1981). | 2 | 1999–2000 |
Barnett v. State
green
2 sentences2000In Barnett v. State, 270 Ga. 472 , 510 S.E.2d 527 (1999), the Georgia Supreme Court rejected an equal protection challenge to OCGA § 40-6-391(k), which set forth a blood alcohol concentration standard of .02 grams for persons under the age of twenty-one and a standard of.10 grams for persons over age twenty-one. 2000In Barnett v. State, 270 Ga. 472 , 510 S.E.2d 527 (1999), the Georgia Supreme Court rejected an equal protection challenge to OCGA § 40-6-391(k), which set forth a blood alcohol concentration standard of .02 grams for persons under the age of twenty-one and a standard of.10 grams for persons over age twenty-one. | 2 | 1999–2000 |
Mississippi Bd. of Nursing v. Belk
green
2 sentences1999Belk, 481 So.2d at 830-31 . 1997Belk, 481 So. 2d at 830-31 . | 2 | 1997–1999 |
| Caban v. Mohammed green | 2 | 1995–1998 |
| Tate v. Short green | 2 | 1993–1998 |
| Rome v. State green | 2 | 1993–1998 |
| Williams v. Illinois green | 2 | 1993–1998 |
| Carleton Frazier v. Captain R. F. Jordan, Superintendent of the City of Atlanta Prison Farm green | 2 | 1993–1998 |
| Tolbert v. City of Memphis, Tenn. green | 2 | 1993–1996 |
| Dunn v. Blumstein green | 2 | 1994–1994 |
| Jackson v. Indiana green | 2 | 1975–1981 |
| Knox Atty. Gen. v. Southern Paper Co. green | 2 | 1974–1977 |
| Butts v. Nichols green | 1 | 2015–2015 |
| Village of Willowbrook v. Olech green | 1 | 2012–2012 |
| Barrett v. Miller green | 1 | 2002–2002 |
| Marx v. Truck Renting & Leasing Ass'n green | 1 | 2002–2002 |
| Starnes v. City of Vardaman green | 1 | 2002–2002 |
| Frontiero v. Richardson green | 1 | 2002–2002 |
| Massachusetts Board of Retirement v. Murgia green | 1 | 2002–2002 |
| City of Mound Bayou v. Johnson green | 1 | 2002–2002 |
| Lard v. State green | 1 | 2001–2001 |
| Collins v. State Ex Rel. Department of Public Safety green | 1 | 2000–2000 |
| Romer v. Evans green | 1 | 1999–1999 |
| Loving v. Virginia green | 1 | 1999–1999 |
| Mata v. Johnson green | 1 | 1999–1999 |
| Walter Lee Johnson v. Steve W. Puckett green | 1 | 1995–1995 |
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.