Howard claim (Mississippi) · Go Syfert
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Howard claim in Mississippi

16 Mississippi opinions name it 2 courts 1985–2020 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 (8)

CaseFollowedCited
PERS v. Howardgreen
miss · 2005 · cited in 3 Mississippi opinions naming this issue, 2007–2007
2 sentences

2007Sys. v. Howard, 905 So.2d 1279, 1287-88 (¶ 23) (Miss.2005), the Mississippi Supreme Court held: The Medical Board which denied Howard's claim was made up of three physicians.

2007NOTES [1] In Public Employees' Retirement System v. Howard, 905 So.2d 1279, 1287-88 (¶ 23) (Miss.2005), the Mississippi Supreme Court held: The Medical Board which denied Howard's claim was made up of three physicians.

33
Emanuel v. Stategreen
miss · 1982 · cited in 3 Mississippi opinions naming this issue, 1994–1997
2 sentences

1997The State further argues that this Court has held that the burden to go forward with evidence to show a defendant's probable incapacity to make a rational defense lies with the defense, citing Emanuel v. State, 412 So.2d 1187, 1188 (Miss. 1982), and Dusky v. United States, 362 U.S. 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960).

1997The State further argues that this Court has held that the burden to go forward with evidence to show a defendant's probable incapacity to make a rational defense lies with the defense, citing Emanuel v. State, 412 So.2d 1187, 1188 (Miss. 1982), and Dusky v. United States, 362 U.S. 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960).

33
Jones v. Stategreen
miss · 1992 · cited in 2 Mississippi opinions naming this issue, 2000–2006
2 sentences

2006"A trial judge will not be found in error on a matter not presented to him for decision." Smith, 729 So.2d *361 at 1205-06 (quoting Jones v. State, 606 So.2d 1051, 1058 (Miss.1992)).

2000“A trial judge will not be found in error on a matter not presented to him for decision.” Smith, 729 So. 2d at 1205 -06 (quoting Jones 51 v. State, 606 So. 2d 1051, 1058 (Miss. 1992)).

22
Howard v. PUBLIC EMPLOYEES'RETIREMENT SYS.green
missctapp · 2007 · cited in 1 Mississippi opinions naming this issue, 2020–2020
1 sentence

2020On appeal, this Court found PERS’s decision to deny benefits arbitrary 12 and capricious, explaining that Howard’s treating physicians provided objective diagnoses of fibromyalgia and that “not one of the many doctors who examined Howard, including the independent medical examiner, Dr. Jones, contradicted Dr. Blanchard’s diagnosis that Howard had a permanently debilitating case of fibromyalgia[.]” Id. at 628 (¶15).

11
Hill v. Stategreen
missctapp · 2011 · cited in 1 Mississippi opinions naming this issue, 2013–2013
1 sentence

2013“A guilty plea is binding where it is entered voluntarily, knowingly, and intelligently.” Hill, 60 So.3d at 828 (¶ 11).

11
Creely v. Hosemanngreen
miss · 2005 · cited in 1 Mississippi opinions naming this issue, 2011–2011
1 sentence

2011See Creely, 910 So.2d at 516 (¶ 11).

11
Goodin v. Department of Human Servicesgreen
miss · 2000 · cited in 1 Mississippi opinions naming this issue, 2011–2011
1 sentence

2011However, since this bill was not passed, its effective date is irrelevant. “[A]ppellate courts generally afford [pro se] litigants some degree of leeway on appeal.” Goodin v. Dep’t of Human Servs., 772 So.2d 1051, 1054 (117) (Miss. 2000).

11
Farris v. Stategreen
missctapp · 2004 · cited in 1 Mississippi opinions naming this issue, 2008–2008
1 sentence

2008Farris v. State, 906 So.2d 113, 120 (¶ 20) (Miss.Ct.App.2004).

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 (6)

CaseCitedYears
Dusky v. United States green
scotus · 1960
2 sentences

1997The State further argues that this Court has held that the burden to go forward with evidence to show a defendant's probable incapacity to make a rational defense lies with the defense, citing Emanuel v. State, 412 So.2d 1187, 1188 (Miss. 1982), and Dusky v. United States, 362 U.S. 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960).

1997The State further argues that this Court has held that the burden to go forward with evidence to show a defendant's probable incapacity to make a rational defense lies with the defense, citing Emanuel v. State, 412 So.2d 1187, 1188 (Miss. 1982), and Dusky v. United States, 362 U.S. 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960).

31994–1997
Strickland v. Washington green
scotus · 1984
2 sentences

2006I fully agree with the majority's analysis of the issues in this case, and I write separately only to emphasize the difference between the deplorable conduct of Howard's attorney in making misrepresentations to the court, and Howard's claim that the conduct prejudiced his case, as measured by Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

2006I fully agree with the majority's analysis of the issues in this case, and I write separately only to emphasize the difference between the deplorable conduct of Howard's attorney in making misrepresentations to the court, and Howard's claim that the conduct prejudiced his case, as measured by Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

22000–2006
Howard v. State green
miss · 1997
1 sentence

2020Id. at 282 .

12020–2020
Howard v. State green
missctapp · 2011
1 sentence

2016Howard v. State, 62 So.3d 995 (Miss.Ct.App.2011).

12016–2016
Smith v. State green
miss · 1998
1 sentence

2000“A trial judge will not be found in error on a matter not presented to him for decision.” Smith, 729 So. 2d at 1205 -06 (quoting Jones 51 v. State, 606 So. 2d 1051, 1058 (Miss. 1992)).

12000–2000
Brown v. Lober green
ill · 1979
2 sentences

1985Brown v. Lober, 75 Ill.2d 547 , 27 Ill.

1985Brown v. Lober, 75 Ill.2d 547 , 27 Ill.

11985–1985

Statutes the citing opinions construe

MS § Miss. Code Ann. § 25-11-113 (3) MS § Miss. Code Ann. § 99-13-11 (3) MS § Miss. Code Ann. § 99-39-23 (3)

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.

Where else courts name it

OH 50 (1995–2026) CA 22 (1981–2024) AL 18 (1986–2025) TX 17 (1890–2024) MS 16 (1985–2020) GA 14 (1982–2024) FL 12 (1982–2024) IN 9 (2004–2025) PA 8 (1998–2025) TN 8 (2004–2019) NH 7 (1986–2004) VA 5 (1988–2025) DC 5 (1988–2011) MT 4 (2002–2021) MI 4 (2018–2021) MO 4 (1980–2011) DE 4 (1996–2021) KS 4 (1988–2021) NV 3 (2012–2016) ND 3 (1970–2015) IA 3 (2005–2026) NY 2 (1980–1988) MD 2 (2017–2017) WY 2 (2009–2020) AZ 2 (1991–2022) AR 2 (1991–2011) KY 2 (1951–2014) OR 2 (1988–2009) RI 2 (2000–2011) WI 2 (1997–2001)

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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