16 Mississippi opinions name it 2 courts 1968–2017 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.
| Case | Followed | Cited |
|---|---|---|
Bandy v. Stategreen2 sentences2017Further, “[i]n the absence of a legislative standard, we adopt the rationale that a separate standard of determining violence applies when the victim is a child.” Bandy v. State, 495 So. 2d 486, 492 (Miss. 1986), superseded on other grounds by Mississippi Rule of Evidence 601. ¶14. 2013Bandy explicitly declared that “[i]n the absence of a legislative standard, we adopt the rationale that a separate standard of determining violence applies when the victim is a child.” Bandy, 495 So.2d at 492 (emphasis added). ¶ 18. | 4 | 4 |
Lee v. Stategreen2 sentences2013In Lee v. State, 322 So.2d 751 (Miss.1975), we held that “intercourse with a female unable to consent because of tender years ... establishes the common law crime of rape, the essential element being the inability to consent rather than the requirement of force.” Lee, 322 So.2d at 752 (emphasis added). 5 In 1997, we applied the same standard when addressing a charge of capital rape. 2013In Lee v. State, 322 So.2d 751 (Miss.1975), we held that “intercourse with a female unable to consent because of tender years ... establishes the common law crime of rape, the essential element being the inability to consent rather than the requirement of force.” Lee, 322 So.2d at 752 (emphasis added). 5 In 1997, we applied the same standard when addressing a charge of capital rape. | 2 | 2 |
Taylor v. Stategreen1 sentence2017Reinforcing the fact that sex crimes against children are different, we recognized that “[s]exual intercourse with a child under age is forceful, because, by operation of law, the child is unable to consent.” Taylor v. State, 122 So. 3d 707, 712 (Miss. 2013). | 1 | 1 |
Webb v. County of Lincolngreen2 sentences1991Webb v. County of Lincoln, 536 So.2d 1356, 1358 (Miss. 1988). 1991Webb v. County of Lincoln, 536 So.2d 1356 , 1358 (Miss. 1988). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pruett v. City of Rosedale
red
2 sentences1997This Court abolished judicial sovereign immunity in Pruett v. City of Rosedale, 421 So.2d 1046 (Miss. 1982), but sovereign immunity was replaced by a legislative immunity set forth in Miss. 1997This Court abolished judicial sovereign immunity in Pruett v. City of Rosedale, 421 So.2d 1046 (Miss. 1982), but said judicial sovereign immunity was replaced by a legislative immunity set forth in Miss. | 5 | 1988–1997 |
City of Jackson v. Lumpkin
green
2 sentences1999Id. at 1181 . 1998Id. at 1181 . | 4 | 1997–1999 |
Reich v. Jesco, Inc.
green
1 sentence2005This holding is consistent with the legislative exception and still allows architects, contractors, and engineers who do not fraudulently conceal the cause of action “to close their books” at the conclusion of the repose period.10 Reich, 526 So. 2d at 552 . ¶11. | 1 | 2005–2005 |
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 |
Stone v. Farish
green
2 sentences1968“Those zvho would avail of the legislative privilege of engaging in its sale accept the privilege under the conditions attached to its exercise.” Id. at 196 , 23 So.2d at 913 . 1968“Those zvho would avail of the legislative privilege of engaging in its sale accept the privilege under the conditions attached to its exercise.” Id. at 196 , 23 So.2d at 913 . | 1 | 1968–1968 |
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.