face presumption (Mississippi) · Go Syfert
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face presumption in Mississippi

16 Mississippi opinions name it 2 courts 1893–2020 0 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 (7)

CaseFollowedCited
Dye v. State Ex Rel. Halegreen
miss · 1987 · cited in 2 Mississippi opinions naming this issue, 2000–2001
2 sentences

2001Id. at 345-46 (citations & footnote omitted).

2000Id. at 345-46 (citations & footnote omitted).

22
Thorson v. Stategreen
miss · 1994 · cited in 2 Mississippi opinions naming this issue, 1999–2001
2 sentences

2001See Thorson v. State, 653 So.2d 876, 896 (Miss. 1995). ¶ 28.

1999See Thorson v. State, 653 So. 2d 876, 896 (Miss. 1995). ¶28.

22
In Re Validation of $15,000,000 Hospital Rev. Bondsgreen
miss · 1978 · cited in 2 Mississippi opinions naming this issue, 1985–1985
2 sentences

1985It is clear that the municipal government might have proceeded under the general law or, at its election, might have proceeded under the terms of the Local and Private Act. 361 So.2d at 49.

1985It is clear that the municipal government might have proceeded under the general law or, at its election, might have proceeded under the terms of the Local and Private Act. 361 So.2d at 49.

22
Agee v. Stategreen
miss · 1966 · cited in 2 Mississippi opinions naming this issue, 1984–1993
2 sentences

1993Agee v. State, 185 So. 2d 671, 673 (Miss. 1966).

1984The procedure for admitting a confession in the face of a challenge that it is involuntary was set forth in Agee v. State, 185 So.2d 671 (Miss. 1966): The State has the burden of proving the voluntariness of a confession.

12
Parker v. Jones County Community Hosp.green
miss · 1989 · cited in 1 Mississippi opinions naming this issue, 1992–1992
1 sentence

1992Such speculation flies in the face of the principle upon which the majority relies: As a matter of institutional imperative, "our law presumes that jurors follow the trial judge's instructions, as upon their oaths they are obliged to do." Parker v. Jones County Community Hosp., 549 So.2d 443, 446 (Miss. 1989).

11
Tobias v. Stategreen
miss · 1987 · cited in 1 Mississippi opinions naming this issue, 1987–1987
1 sentence

1987See Tobias v. State, 505 So.2d 1014, 1015 (Miss. 1987); Sanders v. State, 439 So.2d 1271, 1276-77 (Miss. 1983).

11
Sanders v. Stategreen
miss · 1983 · cited in 1 Mississippi opinions naming this issue, 1987–1987
1 sentence

1987See Tobias v. State, 505 So.2d 1014, 1015 (Miss. 1987); Sanders v. State, 439 So.2d 1271, 1276-77 (Miss. 1983).

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 (7)

CaseCitedYears
Texas Department of Community Affairs v. Burdine green
scotus · 1981
2 sentences

2007The Burdine Court went further to state that "[i]f the trier of fact believes the plaintiff's evidence, and if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff because no issue of fact remains in the case." 450 U.S. at 254 , 101 S.Ct. 1089 .

2007The Burdine Court went further to state that "[i]f the trier of fact believes the plaintiff's evidence, and if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff because no issue of fact remains in the case." 450 U.S. at 254 , 101 S.Ct. 1089 .

22004–2007
Howard v. City of Biloxi green
missctapp · 2006
1 sentence

2020In 8 Hankins, our Court “paraphrase[d]” the elements required to sustain a claim in the face of an immunity defense under the MTCA’s dangerous condition exemption, as set forth in an earlier case, Howard v. City of Biloxi, 943 So. 2d 751 (Miss.

12020–2020
Furnco Construction Corp. v. Waters green
scotus · 1978
1 sentence

2004McDonnell Douglas, 10 “[T]he prima facie case ‘raises an inference of discrimination only because we presume these acts, if otherwise unexplained, are more likely than not based on the consideration of impermissible factors.’” Burdine, 450 U.S. at 254 (quoting Furnco, 438 U.S. at 577 ). 11 “If the trier of fact believes the plaintiff’s evidence, and if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff because no issue of fact remains in the case.” Burdine, 450 U.S. at 254 . 12 We read the Supreme Court precedent cited herein to say that the

12004–2004
McDonnell Douglas Corp. v. Green green
scotus · 1973
1 sentence

2004McDonnell Douglas, 10 “[T]he prima facie case ‘raises an inference of discrimination only because we presume these acts, if otherwise unexplained, are more likely than not based on the consideration of impermissible factors.’” Burdine, 450 U.S. at 254 (quoting Furnco, 438 U.S. at 577 ). 11 “If the trier of fact believes the plaintiff’s evidence, and if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff because no issue of fact remains in the case.” Burdine, 450 U.S. at 254 . 12 We read the Supreme Court precedent cited herein to say that the

12004–2004
Bailey v. Georgia Cotton Goods Co. green
miss · 1989
2 sentences

1992Bailey v. Georgia Cotton Goods Co., 543 So.2d 180 (Miss. 1989) (refusal to set aside defense judgment in the face of claim creditor corporation was not authorized to sue in Mississippi courts but in the absence of any denial that the debt was due and owing).

1992Bailey v. Georgia Cotton Goods Co., 543 So.2d 180 (Miss. 1989) (refusal to set aside defense judgment in the face of claim creditor corporation was not authorized to sue in Mississippi courts but in the absence of any denial that the debt was due and owing).

11992–1992
Robinson v. Packard Elec. Div. GMC green
miss · 1988
1 sentence

1991Robinson, 523 So.2d at 331 .

11991–1991
Stokes v. State green
miss · 1881
1 sentence

1893This instruction is clearly in the face of the rule laid down in Stokes v. State, 58 Miss., 677 , and re-affirmed in Matthews v. State, 61 Ib., 155.

11893–1893

Where else courts name it

MO 113 (1907–2025) CA 98 (1871–2025) PA 64 (1909–2024) TX 63 (1931–2025) OR 56 (1918–2025) IA 54 (1939–2026) LA 46 (1933–2023) NY 44 (1882–2017) IL 44 (1974–2024) WY 30 (1925–2026) NJ 27 (1905–2022) FL 27 (1954–2024) MI 24 (1903–2025) CT 24 (1941–2017) UT 21 (1946–2025) MT 20 (1935–2024) IN 20 (1877–2023) MD 18 (1969–2016) MA 18 (1932–2022) NC 18 (1912–2019) GA 17 (1940–2018) AL 17 (1922–2026) MS 16 (1893–2020) DC 15 (1973–2011) WA 14 (1913–2019) OK 13 (1932–2001) OH 13 (1919–2023) TN 12 (1908–2020) VT 11 (1959–2026) NM 11 (1965–2011) WI 11 (1901–2001) MN 10 (1908–2014) CO 9 (1965–2020) ID 9 (1941–2023) KY 7 (1957–2026) KS 7 (1933–2022) AZ 7 (1970–2015) AR 6 (1917–2006) NE 6 (1903–1996) RI 6 (1968–2017) HI 6 (1994–2023) WV 6 (1897–1989) ND 5 (1975–2022) VA 5 (1940–2026) ME 4 (1995–2016) DE 4 (1973–2020) SD 3 (1944–1998) AK 2 (1979–1995)

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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