lesser standard (Mississippi) · Go Syfert
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lesser standard in Mississippi

16 Mississippi opinions name it 2 courts 1987–2025 1 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 (10)

CaseFollowedCited
Carrington v. Methodist Medical Centergreen
miss · 1999 · cited in 3 Mississippi opinions naming this issue, 2004–2018
2 sentences

2018In its analysis, the Court found that "[p]ersons deemed incapable of making rational judgments, such that they must be committed, are not to be protected by a lesser standard than reasonable care under the circumstances." Id. at 829-30 . ¶ 17.

2018In its analysis, the Court found that “[p]ersons deemed incapable of making rational judgments, such that they must be committed, are not to be protected by a lesser standard than reasonable care under the circumstances.” Id. at 829-30 . ¶17.

23
Monell v. New York City Dept. of Social Servs.green
scotus · 1978 · cited in 2 Mississippi opinions naming this issue, 2002–2003
2 sentences

2003See Oklahoma City v. Tuttle, 471 U.S. at 832, 105 S.Ct. at 2436 (Opinion of REHNQUIST, J.) Thus, permitting cases against cities for their "failure to train" employees to go forward under § 1983 on a lesser standard of fault would result in de facto respondeat superior liability on municipalitiesâ a result we rejected in Monell, 436 U.S. at 693-694 , 98 S.Ct. at 2037 .

2003See Oklahoma City v. Tuttle, 471 U.S. at 832, 105 S.Ct. at 2436 (Opinion of REHNQUIST, J.) Thus, permitting cases against cities for their "failure to train" employees to go forward under § 1983 on a lesser standard of fault would result in de facto respondeat superior liability on municipalitiesâ a result we rejected in Monell, 436 U.S. at 693-694 , 98 S.Ct. at 2037 .

22
Leathers v. Medlockgreen
scotus · 1991 · cited in 2 Mississippi opinions naming this issue, 1996–1998
2 sentences

1998To the contrary, the United States Supreme Court has held that "for reasons that are obvious, a tax will trigger heightened scrutiny under the First Amendment if it discriminates on the basis of the content of taxpayer speech." See Leathers, 499 U.S. at 447 , 111 S.Ct. 1438 (emphasis added) (citing Arkansas Writers', 481 U.S. at 229-31 , 107 S.Ct. 1722 ).

1998To the contrary, the United States Supreme Court has held that "for reasons that are obvious, a tax will trigger heightened scrutiny under the First Amendment if it discriminates on the basis of the content of taxpayer speech." See Leathers, 499 U.S. at 447 , 111 S.Ct. 1438 (emphasis added) (citing Arkansas Writers', 481 U.S. at 229-31 , 107 S.Ct. 1722 ).

12
Downs v. Stategreen
miss · 2007 · cited in 1 Mississippi opinions naming this issue, 2025–2025
1 sentence

2025Our precedent is clear that “[a] defendant has an ‘absolute right’ to a jury instruction for a lesser-included offense if the evidence supports such an instruction.” Brown, 285 So. 3d at 676 (¶12) (emphasis added). “[A] lesser-included offense is one in which all the essential ingredients are contained in the offense for which the accused is indicted[.]” Eubanks v. State, 341 So. 3d 896 , 913 (¶62) (Miss. 2022) (quoting Downs v. State, 962 So. 2d 1255,1261 (¶23) (Miss. 2007)). ¶35.

11
Mississippi State Hosp. v. Woodgreen
missctapp · 2002 · cited in 1 Mississippi opinions naming this issue, 2018–2018
2 sentences

2018Another case reviewed in Truddle was Mississippi State Hospital v. Wood , 823 So.2d 598 , 599 (Miss.

2018Another case reviewed in Truddle was Mississippi State Hospital v. Wood, 823 So. 2d 598, 599 (Miss.

11
Terry v. Ohiogreen
scotus · 1968 · cited in 1 Mississippi opinions naming this issue, 2007–2007
2 sentences

2007See Floyd v. City of Crystal Springs, 749 So.2d 110, 114-15 (Miss. 1999) (citing Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Adams v. Williams, 407 U.S. 143 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972)).

2007See Floyd v. City of Crystal Springs, 749 So.2d 110, 114-15 (Miss. 1999) (citing Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Adams v. Williams, 407 U.S. 143 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972)).

11
Floyd v. City of Crystal Springsgreen
miss · 1999 · cited in 1 Mississippi opinions naming this issue, 2007–2007
1 sentence

2007See Floyd v. City of Crystal Springs, 749 So.2d 110, 114-15 (Miss. 1999) (citing Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Adams v. Williams, 407 U.S. 143 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972)).

11
Butler v. Stategreen
miss · 1989 · cited in 1 Mississippi opinions naming this issue, 2001–2001
1 sentence

2001Butler v. State, 544 So.2d 816, 819 (Miss.1989).

11
George Basiardanes v. City of Galvestongreen
ca5 · 1982 · cited in 1 Mississippi opinions naming this issue, 1989–1989
1 sentence

1989"The city must buttress its assertion with evidence that the state interest has a basis in fact and that the factual basis was considered by the city in passing the ordinance." Basiardanes v. City of Galveston, 682 F.2d 1203, 1215 (5th Cir.1982).

11
City of Oxford v. Inmangreen
miss · 1981 · cited in 1 Mississippi opinions naming this issue, 1987–1987
1 sentence

1987In City of Oxford v. Inman, supra, pp. 113-14, we observed: [W]e are of the opinion the trial court was correct in holding the evidence insufficient to warrant rezoning because appellants *885 did not prove changed conditions in the area and public need for the rezoning... . * * * * * * We are of the opinion appellants failed to prove by clear and convincing evidence or even by a lesser standard that the conditions had materially changed to warrant rezoning. * * * * * * We are further of the opinion the lower court did not usurp the municipality's legislative functions in reversing the City's

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 (8)

CaseCitedYears
Arkansas Writers' Project, Inc. v. Ragland green
scotus · 1987
2 sentences

1998To the contrary, the United States Supreme Court has held that "for reasons that are obvious, a tax will trigger heightened scrutiny under the First Amendment if it discriminates on the basis of the content of taxpayer speech." See Leathers, 499 U.S. at 447 , 111 S.Ct. 1438 (emphasis added) (citing Arkansas Writers', 481 U.S. at 229-31 , 107 S.Ct. 1722 ).

1998To the contrary, the United States Supreme Court has held that "for reasons that are obvious, a tax will trigger heightened scrutiny under the First Amendment if it discriminates on the basis of the content of taxpayer speech." See Leathers, 499 U.S. at 447 , 111 S.Ct. 1438 (emphasis added) (citing Arkansas Writers', 481 U.S. at 229-31 , 107 S.Ct. 1722 ).

21996–1998
Singletary v. State green
miss · 1975
1 sentence

2007Id. (quoting U.S. v. Cortez, 449 U.S. 411, 417-18 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981)). [11] The attorney general opinion cited by Loveless concluded that a citation giving "notice to the defendant to either pay the ticket [within thirty days] or contact the court does not satisfy the requirements of Section 63-[9]-21(3)(c)." Municipal Traffic Tickets, XXXXXXXXX Op. Att'y Gen.

12007–2007
Adams v. Williams green
scotus · 1972
2 sentences

2007See Floyd v. City of Crystal Springs, 749 So.2d 110, 114-15 (Miss. 1999) (citing Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Adams v. Williams, 407 U.S. 143 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972)).

2007See Floyd v. City of Crystal Springs, 749 So.2d 110, 114-15 (Miss. 1999) (citing Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968); Adams v. Williams, 407 U.S. 143 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972)).

12007–2007
United States v. Cortez green
scotus · 1981
2 sentences

2007Id. (quoting U.S. v. Cortez, 449 U.S. 411, 417-18 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981)). [11] The attorney general opinion cited by Loveless concluded that a citation giving "notice to the defendant to either pay the ticket [within thirty days] or contact the court does not satisfy the requirements of Section 63-[9]-21(3)(c)." Municipal Traffic Tickets, XXXXXXXXX Op. Att'y Gen.

2007Id. (quoting U.S. v. Cortez, 449 U.S. 411, 417-18 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981)). [11] The attorney general opinion cited by Loveless concluded that a citation giving "notice to the defendant to either pay the ticket [within thirty days] or contact the court does not satisfy the requirements of Section 63-[9]-21(3)(c)." Municipal Traffic Tickets, XXXXXXXXX Op. Att'y Gen.

12007–2007
Press-Enterprise Co. v. Superior Court of Cal., County of Riverside green
scotus · 1986
2 sentences

2005In Press-Enterprise II, the Supreme Court rejected the lesser standard of "reasonable likelihood" applied by the California Supreme Court and went on to point out that "[t]he First Amendment right of access cannot be overcome by the conclusory assertion that publicity might deprive the defendant of that right." Press-Enterprise II, 478 U.S. at 14 , 106 S.Ct. at 2743 .

2005In Press-Enterprise II, the Supreme Court rejected the lesser standard of "reasonable likelihood" applied by the California Supreme Court and went on to point out that "[t]he First Amendment right of access cannot be overcome by the conclusory assertion that publicity might deprive the defendant of that right." Press-Enterprise II, 478 U.S. at 14 , 106 S.Ct. at 2743 .

12005–2005
Charles D. Gautreaux v. Scurlock Marine, Inc. green
ca5 · 1997
1 sentence

2000Id. at 335 . ¶ 20.

12000–2000
Dillon v. Dillon green
miss · 1986
1 sentence

1995Instead of finding proof of adultery by "clear and convincing evidence," Dillon, 498 So.2d at 330 , the chancellor found proof of adultery by the lesser standard of a "preponderance of the evidence." In his "JUDGMENT OF DIVORCE," the chancellor found, inter alia, that: Jane Gunter Brooks proved by a preponderance of the credible evidence that Robert T.

11995–1995
Moore v. Ruth green
miss · 1990
1 sentence

1992In Moore v. Ruth, 556 So.2d 1059 (Miss. 1990), this Court held that a court may employ a lesser standard than "proof beyond a reasonable doubt" when revoking parole.

11992–1992

Statutes the citing opinions construe

MS § Miss. Code Ann. § 11-46-1 (4) MS § Miss. Code Ann. § 11-46-9 (4) MS § Miss. Code Ann. § 97-3-7 (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

CA 182 (1906–2026) TX 127 (1970–2026) OH 118 (1973–2025) NY 114 (1933–2026) IL 112 (1962–2025) PA 101 (1974–2026) IN 75 (1974–2026) LA 70 (1967–2025) FL 69 (1974–2025) WA 55 (1980–2026) CT 51 (1976–2024) MI 48 (1979–2026) GA 42 (1924–2023) NJ 41 (1953–2026) MD 41 (1975–2026) DC 34 (1970–2024) MA 33 (1966–2025) VA 31 (1982–2024) AZ 29 (1977–2026) KS 27 (1977–2026) AL 22 (1979–2024) TN 21 (1989–2026) OR 20 (1969–2023) CO 19 (1979–2026) WI 18 (1925–2023) NM 17 (1975–2017) MN 17 (1980–2014) OK 17 (1962–2022) MO 16 (1987–2020) MS 16 (1987–2025) IA 15 (1974–2022) NC 14 (1958–2026) KY 13 (1964–2024) AR 12 (1983–2023) ID 12 (1980–2014) WV 12 (1979–2022) AK 12 (1977–2017) VT 12 (1975–2020) MT 11 (2005–2026) RI 11 (1983–2011) SC 10 (1989–2020) NE 10 (1982–2023) UT 9 (1929–2024) DE 9 (1973–2026) ND 9 (1990–2016) WY 9 (1990–2022) SD 6 (1979–2008) ME 6 (1981–2018) NH 6 (1980–2019) HI 5 (1984–2007) NV 5 (1997–2022)

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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