15 Mississippi opinions name it 2 courts 1988–2020 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.
| Case | Followed | Cited |
|---|---|---|
Davis v. Stategreen2 sentences2006Francis, citing Davis v. State, 568 So.2d 277 (Miss.1990), and Warren [v. State, 709 So.2d 415 (Miss.1998) ], reasons that it was error not to grant him an identification instruction. 2001Francis, citing Davis v. State , 568 So.2d 277 (Miss. 1990), and Warren , reasons that it was error not to grant him an identification instruction. | 4 | 8 |
Warren v. Stategreen2 sentences2006Francis, citing Davis v. State, 568 So.2d 277 (Miss.1990), and Warren [v. State, 709 So.2d 415 (Miss.1998) ], reasons that it was error not to grant him an identification instruction. 2005In support of his argument that the trial court should have granted instruction D-4, Powell directs our attention to Warren v. State, 709 So.2d 415, 421 (¶ 28) (Miss.1998), where the Mississippi Supreme Court held that a trial court's failure to give an identification instruction was reversible error because the defendant's identification was based solely upon the testimony of a single witness. | 4 | 5 |
Francis v. Stategreen2 sentences2006Francis, 791 So.2d at 908 (¶¶ 10-12). 2004Francis, 791 So.2d at 908 . | 1 | 3 |
Stoddard v. Smithgreen1 sentence2012But “[tjhese cases read the identification requirement into the rule [out of concern] that the failure to identify a person who may be substituted ... ‘would open the door to a tactical maneuver to place upon the plaintiff the burden of locating the representative of the estate within 90 days.’ ” Stoddard, 27 P.3d at 550 (¶ 16) (emphasis added) (quoting Rende, 415 F.2d at 986 ). | 1 | 1 |
Grayer v. Stategreen1 sentence2012Grayer, 928 So.2d at 909 (¶ 11). | 1 | 1 |
Mitchell v. Stategreen1 sentence2012See Tugle v. State, 68 So.3d 691 (Miss.Ct.App. 2010) (“a defendant is only entitled to such an instruction if requested and if he is identified as the guilty party by, at most, one witness to his alleged crime”), cert. denied, 69 So.3d 767 (Miss.2011); Powell v. State, 925 So.2d 878 (Miss.Ct.App.2005) (“Unlike the defendant in Warren , Powell’s identification and subsequent conviction did not rest entirely upon the testimony of a single witness.”), cert. denied, 927 So.2d 750 (Miss.2006). ¶ 20. | 1 | 1 |
Tugle v. Stategreen1 sentence2012See Tugle v. State, 68 So.3d 691 (Miss.Ct.App. 2010) (“a defendant is only entitled to such an instruction if requested and if he is identified as the guilty party by, at most, one witness to his alleged crime”), cert. denied, 69 So.3d 767 (Miss.2011); Powell v. State, 925 So.2d 878 (Miss.Ct.App.2005) (“Unlike the defendant in Warren , Powell’s identification and subsequent conviction did not rest entirely upon the testimony of a single witness.”), cert. denied, 927 So.2d 750 (Miss.2006). ¶ 20. | 1 | 1 |
Fells v. Stategreen1 sentence1988The traditional rule holding that such testimony would be hearsay and impermissible bolstering was modified in Fells v. State, 345 So.2d 618, 619 (Miss. 1977). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
1 sentence2020Id. at 687 . | 1 | 2020–2020 |
Unicorn Tales, Inc. v. Banerjee
green
1 sentence2012Though “sharing] this concern,” other courts have rejected this interpretation because Rule 25 has “no requirement ... that the suggestion of death identify a person who may be substituted for the decedent.” Id. at 550-51 (¶¶ 16-17) (citing Unicorn Tales, 138 F.3d at 470 ). ¶ 24. | 1 | 2012–2012 |
Denis Rende v. Alfred S. Kay
green
1 sentence2012But “[tjhese cases read the identification requirement into the rule [out of concern] that the failure to identify a person who may be substituted ... ‘would open the door to a tactical maneuver to place upon the plaintiff the burden of locating the representative of the estate within 90 days.’ ” Stoddard, 27 P.3d at 550 (¶ 16) (emphasis added) (quoting Rende, 415 F.2d at 986 ). | 1 | 2012–2012 |
Roberts v. Roberts
green
1 sentence2012See Tugle v. State, 68 So.3d 691 (Miss.Ct.App. 2010) (“a defendant is only entitled to such an instruction if requested and if he is identified as the guilty party by, at most, one witness to his alleged crime”), cert. denied, 69 So.3d 767 (Miss.2011); Powell v. State, 925 So.2d 878 (Miss.Ct.App.2005) (“Unlike the defendant in Warren , Powell’s identification and subsequent conviction did not rest entirely upon the testimony of a single witness.”), cert. denied, 927 So.2d 750 (Miss.2006). ¶ 20. | 1 | 2012–2012 |
Powell v. State
neutral
1 sentence2012See Tugle v. State, 68 So.3d 691 (Miss.Ct.App. 2010) (“a defendant is only entitled to such an instruction if requested and if he is identified as the guilty party by, at most, one witness to his alleged crime”), cert. denied, 69 So.3d 767 (Miss.2011); Powell v. State, 925 So.2d 878 (Miss.Ct.App.2005) (“Unlike the defendant in Warren , Powell’s identification and subsequent conviction did not rest entirely upon the testimony of a single witness.”), cert. denied, 927 So.2d 750 (Miss.2006). ¶ 20. | 1 | 2012–2012 |
Ellis v. State
green
1 sentence2007Biggers, 409 U.S. at 199 , 93 S.Ct. 375 ; Ellis, 667 So.2d at 605 . | 1 | 2007–2007 |
Neil v. Biggers
green
2 sentences2007Biggers, 409 U.S. at 199 , 93 S.Ct. 375 ; Ellis, 667 So.2d at 605 . 2007Biggers, 409 U.S. at 199 , 93 S.Ct. 375 ; Ellis, 667 So.2d at 605 . | 1 | 2007–2007 |
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.