Witherspoon rule (Mississippi) · Go Syfert
← Mississippi issues

Witherspoon rule in Mississippi

15 Mississippi opinions name it 1 courts 1970–2003 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 (21)

CaseFollowedCited
Taylor v. Stategreen
miss · 1996 · cited in 3 Mississippi opinions naming this issue, 1995–1997
2 sentences

1997In fact, the Supreme Court in Wainwright v. Witt, 469 U.S. 412, 424 , 105 S.Ct. 844, 852 , 83 L.Ed.2d 841 (1985) specifically held that the Witherspoon standard “does not require that a juror’s bias be proved with ‘unmistakable clarity.’” See also Taylor v. State, 672 So.2d 1246, 1264 (Miss.) (stating same), cert denied, — U.S. -, 117 S.Ct. 486 , 136 L.Ed.2d 379 (1996).

1997In fact, the Supreme Court in Wainwright v. Witt, 469 U.S. 412, 424 , 105 S.Ct. 844, 852 , 83 L.Ed.2d 841 (1985) specifically held that the Witherspoon standard “does not require that a juror’s bias be proved with ‘unmistakable clarity.’” See also Taylor v. State, 672 So.2d 1246, 1264 (Miss.) (stating same), cert denied, — U.S. -, 117 S.Ct. 486 , 136 L.Ed.2d 379 (1996).

33
Williamson v. Stategreen
miss · 1987 · cited in 3 Mississippi opinions naming this issue, 1995–1997
2 sentences

1997The proper standard set forth by the Supreme Court, and followed by this Court, is whether the juror’s views on capital punishment would “prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.” Wainwright, 469 U.S. at 424 , 105 S.Ct. at 852 ; Taylor, 672 So.2d at 1264 ; Williamson v. State, 512 So.2d 868, 880-81 (Miss.1987).

1997The proper standard set forth by the Supreme Court, and followed by this Court, is whether the juror’s views on capital punishment would “prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.” Wainwright, 469 U.S. at 424 , 105 S.Ct. at 852 ; Taylor, 672 So.2d at 1264 ; Williamson v. State, 512 So.2d 868, 880-81 (Miss.1987).

33
Wainwright v. Wittgreen
scotus · 1985 · cited in 7 Mississippi opinions naming this issue, 1986–2003
2 sentences

1997In fact, the Supreme Court in Wainwright v. Witt, 469 U.S. 412, 424 , 105 S.Ct. 844, 852 , 83 L.Ed.2d 841 (1985) specifically held that the Witherspoon standard “does not require that a juror’s bias be proved with ‘unmistakable clarity.’” See also Taylor v. State, 672 So.2d 1246, 1264 (Miss.) (stating same), cert denied, — U.S. -, 117 S.Ct. 486 , 136 L.Ed.2d 379 (1996).

1997In fact, the Supreme Court in Wainwright v. Witt, 469 U.S. 412, 424 , 105 S.Ct. 844, 852 , 83 L.Ed.2d 841 (1985) specifically held that the Witherspoon standard “does not require that a juror’s bias be proved with ‘unmistakable clarity.’” See also Taylor v. State, 672 So.2d 1246, 1264 (Miss.) (stating same), cert denied, — U.S. -, 117 S.Ct. 486 , 136 L.Ed.2d 379 (1996).

27
Pinkney v. Stategreen
miss · 1988 · cited in 3 Mississippi opinions naming this issue, 1992–1998
2 sentences

1998A successful Witherspoon challenge against a black juror is not relevant, because "... a defendant has no right to a petit jury composed in whole or in part of persons of his own race." Id. at 346-47 ( quoting Batson, 476 U.S. at 85 , 106 S.Ct. at 1716-17 ( quoting Strauder v. West Virginia, 100 U.S. 303, 305 , 25 L.Ed. 664 (1879))). ¶ 32.

1995A successful Witherspoon challenge against a black juror is not relevant, because ". . . a defendant has no right to a petit jury composed in whole or in part of persons of his own race." Id. at 346-47 (quoting Batson, 476 U.S. at 85 (quoting Strauder v. West Virginia, 100 U.S. 303, 305 (1879))). ¶32.

23
Batson v. Kentuckygreen
scotus · 1986 · cited in 3 Mississippi opinions naming this issue, 1994–1998
2 sentences

1998A successful Witherspoon challenge against a black juror is not relevant, because "... a defendant has no right to a petit jury composed in whole or in part of persons of his own race." Id. at 346-47 ( quoting Batson, 476 U.S. at 85 , 106 S.Ct. at 1716-17 ( quoting Strauder v. West Virginia, 100 U.S. 303, 305 , 25 L.Ed. 664 (1879))). ¶ 32.

1998A successful Witherspoon challenge against a black juror is not relevant, because "... a defendant has no right to a petit jury composed in whole or in part of persons of his own race." Id. at 346-47 ( quoting Batson, 476 U.S. at 85 , 106 S.Ct. at 1716-17 ( quoting Strauder v. West Virginia, 100 U.S. 303, 305 , 25 L.Ed. 664 (1879))). ¶ 32.

13
Strauder v. West Virginiared
scotus · 1880 · cited in 2 Mississippi opinions naming this issue, 1995–1998
2 sentences

1998A successful Witherspoon challenge against a black juror is not relevant, because "... a defendant has no right to a petit jury composed in whole or in part of persons of his own race." Id. at 346-47 ( quoting Batson, 476 U.S. at 85 , 106 S.Ct. at 1716-17 ( quoting Strauder v. West Virginia, 100 U.S. 303, 305 , 25 L.Ed. 664 (1879))). ¶ 32.

1998A successful Witherspoon challenge against a black juror is not relevant, because "... a defendant has no right to a petit jury composed in whole or in part of persons of his own race." Id. at 346-47 ( quoting Batson, 476 U.S. at 85 , 106 S.Ct. at 1716-17 ( quoting Strauder v. West Virginia, 100 U.S. 303, 305 , 25 L.Ed. 664 (1879))). ¶ 32.

12
Witherspoon v. Illinoisgreen
scotus · 1968 · cited in 2 Mississippi opinions naming this issue, 1986–1988
2 sentences

1988The Witherspoon rule holds that the death penalty could not be imposed where "the jury that imposed or recommended it was chosen by excluding veniremen for cause simply because they voiced general objections to the death penalty or expressed conscientious or religious scruples against its infliction." Witherspoon, 391 U.S. at 522 , 88 S.Ct. at 1777 , 20 L.Ed.2d at 785 (1968).

1988The Witherspoon rule holds that the death penalty could not be imposed where "the jury that imposed or recommended it was chosen by excluding veniremen for cause simply because they voiced general objections to the death penalty or expressed conscientious or religious scruples against its infliction." Witherspoon, 391 U.S. at 522 , 88 S.Ct. at 1777 , 20 L.Ed.2d at 785 (1968).

12
White v. Stategreen
miss · 1988 · cited in 1 Mississippi opinions naming this issue, 1994–1994
1 sentence

1994However, in Irving v. State, 498 So.2d 305, 311 (Miss. 1986), cert. denied, 481 U.S. 1042 , 107 S.Ct. 1986 , 95 L.Ed.2d 826 (1987), this Court found that the reverse- Witherspoon issue was not so novel that a defendant could raise it on PCR although he had not raised it on direct appeal. [11] Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). [12] The prosecutor said he would accept the blame if this discovery had not been sent, although he felt there still would be no prejudice to Duplantis because neither the memorandum nor the discovery of November 1, 1991 impeached Kn

11
Abram v. Stategreen
miss · 1992 · cited in 1 Mississippi opinions naming this issue, 1994–1994
1 sentence

1994However, in Irving v. State, 498 So.2d 305, 311 (Miss. 1986), cert. denied, 481 U.S. 1042 , 107 S.Ct. 1986 , 95 L.Ed.2d 826 (1987), this Court found that the reverse- Witherspoon issue was not so novel that a defendant could raise it on PCR although he had not raised it on direct appeal. [11] Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). [12] The prosecutor said he would accept the blame if this discovery had not been sent, although he felt there still would be no prejudice to Duplantis because neither the memorandum nor the discovery of November 1, 1991 impeached Kn

11
Irving v. Stategreen
miss · 1986 · cited in 1 Mississippi opinions naming this issue, 1994–1994
1 sentence

1994However, in Irving v. State, 498 So.2d 305, 311 (Miss. 1986), cert. denied, 481 U.S. 1042 , 107 S.Ct. 1986 , 95 L.Ed.2d 826 (1987), this Court found that the reverse- Witherspoon issue was not so novel that a defendant could raise it on PCR although he had not raised it on direct appeal. [11] Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). [12] The prosecutor said he would accept the blame if this discovery had not been sent, although he felt there still would be no prejudice to Duplantis because neither the memorandum nor the discovery of November 1, 1991 impeached Kn

11
Reddix v. Stategreen
miss · 1989 · cited in 1 Mississippi opinions naming this issue, 1994–1994
1 sentence

1994However, in Irving v. State, 498 So.2d 305, 311 (Miss. 1986), cert. denied, 481 U.S. 1042 , 107 S.Ct. 1986 , 95 L.Ed.2d 826 (1987), this Court found that the reverse- Witherspoon issue was not so novel that a defendant could raise it on PCR although he had not raised it on direct appeal. [11] Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). [12] The prosecutor said he would accept the blame if this discovery had not been sent, although he felt there still would be no prejudice to Duplantis because neither the memorandum nor the discovery of November 1, 1991 impeached Kn

11
Bullock v. Stategreen
miss · 1987 · cited in 1 Mississippi opinions naming this issue, 1994–1994
1 sentence

1994However, in Irving v. State, 498 So.2d 305, 311 (Miss. 1986), cert. denied, 481 U.S. 1042 , 107 S.Ct. 1986 , 95 L.Ed.2d 826 (1987), this Court found that the reverse- Witherspoon issue was not so novel that a defendant could raise it on PCR although he had not raised it on direct appeal. [11] Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). [12] The prosecutor said he would accept the blame if this discovery had not been sent, although he felt there still would be no prejudice to Duplantis because neither the memorandum nor the discovery of November 1, 1991 impeached Kn

11
Enmund v. Floridagreen
scotus · 1982 · cited in 1 Mississippi opinions naming this issue, 1994–1994
2 sentences

1994However, in Irving v. State, 498 So.2d 305, 311 (Miss. 1986), cert. denied, 481 U.S. 1042 , 107 S.Ct. 1986 , 95 L.Ed.2d 826 (1987), this Court found that the reverse- Witherspoon issue was not so novel that a defendant could raise it on PCR although he had not raised it on direct appeal. [11] Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). [12] The prosecutor said he would accept the blame if this discovery had not been sent, although he felt there still would be no prejudice to Duplantis because neither the memorandum nor the discovery of November 1, 1991 impeached Kn

1994However, in Irving v. State, 498 So.2d 305, 311 (Miss. 1986), cert. denied, 481 U.S. 1042 , 107 S.Ct. 1986 , 95 L.Ed.2d 826 (1987), this Court found that the reverse- Witherspoon issue was not so novel that a defendant could raise it on PCR although he had not raised it on direct appeal. [11] Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). [12] The prosecutor said he would accept the blame if this discovery had not been sent, although he felt there still would be no prejudice to Duplantis because neither the memorandum nor the discovery of November 1, 1991 impeached Kn

11
Lockett v. Stategreen
miss · 1987 · cited in 1 Mississippi opinions naming this issue, 1992–1992
2 sentences

1992Wainwright, 469 U.S. at 424-25 , 105 S.Ct. at 852-53 , 83 L.Ed.2d at 851-53 ; Pinkney v. State, 538 So.2d 329, 345 (Miss. 1988) (judgment vacated and case remanded in light of Clemons v. Mississippi, 494 U.S. 738 , 110 S.Ct. 1441 , 108 L.Ed.2d 725 (1990); Lockett v. State, 517 So.2d 1317, 1335 (Miss. 1987); Fuselier v. State, 468 So.2d 45, 53-54 (Miss. 1985).

1992Wainwright, 469 U.S. at 424-25 , 105 S.Ct. at 852-53 , 83 L.Ed.2d at 851-53 ; Pinkney v. State, 538 So.2d 329, 345 (Miss. 1988) (judgment vacated and case remanded in light of Clemons v. Mississippi, 494 U.S. 738 , 110 S.Ct. 1441 , 108 L.Ed.2d 725 (1990); Lockett v. State, 517 So.2d 1317, 1335 (Miss. 1987); Fuselier v. State, 468 So.2d 45, 53-54 (Miss. 1985).

11
Fuselier v. Stategreen
miss · 1985 · cited in 1 Mississippi opinions naming this issue, 1992–1992
2 sentences

1992Wainwright, 469 U.S. at 424-25 , 105 S.Ct. at 852-53 , 83 L.Ed.2d at 851-53 ; Pinkney v. State, 538 So.2d 329, 345 (Miss. 1988) (judgment vacated and case remanded in light of Clemons v. Mississippi, 494 U.S. 738 , 110 S.Ct. 1441 , 108 L.Ed.2d 725 (1990); Lockett v. State, 517 So.2d 1317, 1335 (Miss. 1987); Fuselier v. State, 468 So.2d 45, 53-54 (Miss. 1985).

1992Wainwright, 469 U.S. at 424-25 , 105 S.Ct. at 852-53 , 83 L.Ed.2d at 851-53 ; Pinkney v. State, 538 So.2d 329, 345 (Miss. 1988) (judgment vacated and case remanded in light of Clemons v. Mississippi, 494 U.S. 738 , 110 S.Ct. 1441 , 108 L.Ed.2d 725 (1990); Lockett v. State, 517 So.2d 1317, 1335 (Miss. 1987); Fuselier v. State, 468 So.2d 45, 53-54 (Miss. 1985).

11
Tokman v. Stategreen
miss · 1983 · cited in 1 Mississippi opinions naming this issue, 1984–1984
2 sentences

1984See, e.g., Wilcher v. State, 455 So.2d 727, 733 (Miss. 1984); Dufour v. State, 453 So.2d 337, 341-345 (Miss. 1984); Cannaday v. State, 455 So.2d 713, 719 (Miss. 1984); Williams v. State, 445 So.2d 798, 805 (Miss. 1984); Tokman v. State, 435 So.2d 664, 667 (Miss. 1983); Evans v. State, 422 So.2d 737, 739-741 (Miss. 1982).

1984See, e.g., Wilcher v. State, 455 So.2d 727, 733 (Miss. 1984); Dufour v. State, 453 So.2d 337, 341-345 (Miss. 1984); Cannaday v. State, 455 So.2d 713, 719 (Miss. 1984); Williams v. State, 445 So.2d 798, 805 (Miss. 1984); Tokman v. State, 435 So.2d 664, 667 (Miss. 1983); Evans v. State, 422 So.2d 737, 739-741 (Miss. 1982).

11
Evans v. Stategreen
miss · 1982 · cited in 1 Mississippi opinions naming this issue, 1984–1984
2 sentences

1984See, e.g., Wilcher v. State, 455 So.2d 727, 733 (Miss. 1984); Dufour v. State, 453 So.2d 337, 341-345 (Miss. 1984); Cannaday v. State, 455 So.2d 713, 719 (Miss. 1984); Williams v. State, 445 So.2d 798, 805 (Miss. 1984); Tokman v. State, 435 So.2d 664, 667 (Miss. 1983); Evans v. State, 422 So.2d 737, 739-741 (Miss. 1982).

1984See, e.g., Wilcher v. State, 455 So.2d 727, 733 (Miss. 1984); Dufour v. State, 453 So.2d 337, 341-345 (Miss. 1984); Cannaday v. State, 455 So.2d 713, 719 (Miss. 1984); Williams v. State, 445 So.2d 798, 805 (Miss. 1984); Tokman v. State, 435 So.2d 664, 667 (Miss. 1983); Evans v. State, 422 So.2d 737, 739-741 (Miss. 1982).

11
Dufour v. Stategreen
miss · 1984 · cited in 1 Mississippi opinions naming this issue, 1984–1984
2 sentences

1984See, e.g., Wilcher v. State, 455 So.2d 727, 733 (Miss. 1984); Dufour v. State, 453 So.2d 337, 341-345 (Miss. 1984); Cannaday v. State, 455 So.2d 713, 719 (Miss. 1984); Williams v. State, 445 So.2d 798, 805 (Miss. 1984); Tokman v. State, 435 So.2d 664, 667 (Miss. 1983); Evans v. State, 422 So.2d 737, 739-741 (Miss. 1982).

1984See, e.g., Wilcher v. State, 455 So.2d 727, 733 (Miss. 1984); Dufour v. State, 453 So.2d 337, 341-345 (Miss. 1984); Cannaday v. State, 455 So.2d 713, 719 (Miss. 1984); Williams v. State, 445 So.2d 798, 805 (Miss. 1984); Tokman v. State, 435 So.2d 664, 667 (Miss. 1983); Evans v. State, 422 So.2d 737, 739-741 (Miss. 1982).

11
Williams v. Stategreen
miss · 1984 · cited in 1 Mississippi opinions naming this issue, 1984–1984
2 sentences

1984See, e.g., Wilcher v. State, 455 So.2d 727, 733 (Miss. 1984); Dufour v. State, 453 So.2d 337, 341-345 (Miss. 1984); Cannaday v. State, 455 So.2d 713, 719 (Miss. 1984); Williams v. State, 445 So.2d 798, 805 (Miss. 1984); Tokman v. State, 435 So.2d 664, 667 (Miss. 1983); Evans v. State, 422 So.2d 737, 739-741 (Miss. 1982).

1984See, e.g., Wilcher v. State, 455 So.2d 727, 733 (Miss. 1984); Dufour v. State, 453 So.2d 337, 341-345 (Miss. 1984); Cannaday v. State, 455 So.2d 713, 719 (Miss. 1984); Williams v. State, 445 So.2d 798, 805 (Miss. 1984); Tokman v. State, 435 So.2d 664, 667 (Miss. 1983); Evans v. State, 422 So.2d 737, 739-741 (Miss. 1982).

11
Wilcher v. Stategreen
miss · 1984 · cited in 1 Mississippi opinions naming this issue, 1984–1984
2 sentences

1984See, e.g., Wilcher v. State, 455 So.2d 727, 733 (Miss. 1984); Dufour v. State, 453 So.2d 337, 341-345 (Miss. 1984); Cannaday v. State, 455 So.2d 713, 719 (Miss. 1984); Williams v. State, 445 So.2d 798, 805 (Miss. 1984); Tokman v. State, 435 So.2d 664, 667 (Miss. 1983); Evans v. State, 422 So.2d 737, 739-741 (Miss. 1982).

1984See, e.g., Wilcher v. State, 455 So.2d 727, 733 (Miss. 1984); Dufour v. State, 453 So.2d 337, 341-345 (Miss. 1984); Cannaday v. State, 455 So.2d 713, 719 (Miss. 1984); Williams v. State, 445 So.2d 798, 805 (Miss. 1984); Tokman v. State, 435 So.2d 664, 667 (Miss. 1983); Evans v. State, 422 So.2d 737, 739-741 (Miss. 1982).

11
Cannaday v. Stategreen
miss · 1984 · cited in 1 Mississippi opinions naming this issue, 1984–1984
2 sentences

1984See, e.g., Wilcher v. State, 455 So.2d 727, 733 (Miss. 1984); Dufour v. State, 453 So.2d 337, 341-345 (Miss. 1984); Cannaday v. State, 455 So.2d 713, 719 (Miss. 1984); Williams v. State, 445 So.2d 798, 805 (Miss. 1984); Tokman v. State, 435 So.2d 664, 667 (Miss. 1983); Evans v. State, 422 So.2d 737, 739-741 (Miss. 1982).

1984See, e.g., Wilcher v. State, 455 So.2d 727, 733 (Miss. 1984); Dufour v. State, 453 So.2d 337, 341-345 (Miss. 1984); Cannaday v. State, 455 So.2d 713, 719 (Miss. 1984); Williams v. State, 445 So.2d 798, 805 (Miss. 1984); Tokman v. State, 435 So.2d 664, 667 (Miss. 1983); Evans v. State, 422 So.2d 737, 739-741 (Miss. 1982).

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 (9)

CaseCitedYears
Adams v. Texas green
scotus · 1980
2 sentences

2003The U.S. *826 Supreme Court has clarified the Witherspoon rule: We therefore take this opportunity to clarify our decision in Witherspoon , and to reaffirm the above-quoted standard from Adams [v. State, 448 U.S. 38 , 100 S.Ct. 2521 , 65 L.Ed.2d 581 (1980)] as the proper standard for determining when a prospective juror may be excluded for cause because of his or her views on capital punishment.

2003The U.S. *826 Supreme Court has clarified the Witherspoon rule: We therefore take this opportunity to clarify our decision in Witherspoon , and to reaffirm the above-quoted standard from Adams [v. State, 448 U.S. 38 , 100 S.Ct. 2521 , 65 L.Ed.2d 581 (1980)] as the proper standard for determining when a prospective juror may be excluded for cause because of his or her views on capital punishment.

41983–2003
Everhart v. Nevada green
scotus · 1996
2 sentences

1997In fact, the Supreme Court in Wainwright v. Witt, 469 U.S. 412, 424 , 105 S.Ct. 844, 852 , 83 L.Ed.2d 841 (1985) specifically held that the Witherspoon standard “does not require that a juror’s bias be proved with ‘unmistakable clarity.’” See also Taylor v. State, 672 So.2d 1246, 1264 (Miss.) (stating same), cert denied, — U.S. -, 117 S.Ct. 486 , 136 L.Ed.2d 379 (1996).

1997In fact, the Supreme Court in Wainwright v. Witt, 469 U.S. 412, 424 , 105 S.Ct. 844, 852 , 83 L.Ed.2d 841 (1985) specifically held that the Witherspoon standard “does not require that a juror’s bias be proved with ‘unmistakable clarity.’” See also Taylor v. State, 672 So.2d 1246, 1264 (Miss.) (stating same), cert denied, — U.S. -, 117 S.Ct. 486 , 136 L.Ed.2d 379 (1996).

31995–1997
Taylor v. Mississippi green
scotus · 1996
2 sentences

1997In fact, the Supreme Court in Wainwright v. Witt, 469 U.S. 412, 424 , 105 S.Ct. 844, 852 , 83 L.Ed.2d 841 (1985) specifically held that the Witherspoon standard “does not require that a juror’s bias be proved with ‘unmistakable clarity.’” See also Taylor v. State, 672 So.2d 1246, 1264 (Miss.) (stating same), cert denied, — U.S. -, 117 S.Ct. 486 , 136 L.Ed.2d 379 (1996).

1997In fact, the Supreme Court in Wainwright v. Witt, 469 U.S. 412, 424 , 105 S.Ct. 844, 852 , 83 L.Ed.2d 841 (1985) specifically held that the Witherspoon standard “does not require that a juror’s bias be proved with ‘unmistakable clarity.’” See also Taylor v. State, 672 So.2d 1246, 1264 (Miss.) (stating same), cert denied, — U.S. -, 117 S.Ct. 486 , 136 L.Ed.2d 379 (1996).

21997–1997
West v. State green
miss · 1989
1 sentence

1994However, in Irving v. State, 498 So.2d 305, 311 (Miss. 1986), cert. denied, 481 U.S. 1042 , 107 S.Ct. 1986 , 95 L.Ed.2d 826 (1987), this Court found that the reverse- Witherspoon issue was not so novel that a defendant could raise it on PCR although he had not raised it on direct appeal. [11] Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). [12] The prosecutor said he would accept the blame if this discovery had not been sent, although he felt there still would be no prejudice to Duplantis because neither the memorandum nor the discovery of November 1, 1991 impeached Kn

11994–1994
Central Machinery Co. v. Arizona green
scotus · 1987
1 sentence

1994However, in Irving v. State, 498 So.2d 305, 311 (Miss. 1986), cert. denied, 481 U.S. 1042 , 107 S.Ct. 1986 , 95 L.Ed.2d 826 (1987), this Court found that the reverse- Witherspoon issue was not so novel that a defendant could raise it on PCR although he had not raised it on direct appeal. [11] Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). [12] The prosecutor said he would accept the blame if this discovery had not been sent, although he felt there still would be no prejudice to Duplantis because neither the memorandum nor the discovery of November 1, 1991 impeached Kn

11994–1994
Clemons v. Mississippi green
scotus · 1990
2 sentences

1992Wainwright, 469 U.S. at 424-25 , 105 S.Ct. at 852-53 , 83 L.Ed.2d at 851-53 ; Pinkney v. State, 538 So.2d 329, 345 (Miss. 1988) (judgment vacated and case remanded in light of Clemons v. Mississippi, 494 U.S. 738 , 110 S.Ct. 1441 , 108 L.Ed.2d 725 (1990); Lockett v. State, 517 So.2d 1317, 1335 (Miss. 1987); Fuselier v. State, 468 So.2d 45, 53-54 (Miss. 1985).

1992Wainwright, 469 U.S. at 424-25 , 105 S.Ct. at 852-53 , 83 L.Ed.2d at 851-53 ; Pinkney v. State, 538 So.2d 329, 345 (Miss. 1988) (judgment vacated and case remanded in light of Clemons v. Mississippi, 494 U.S. 738 , 110 S.Ct. 1441 , 108 L.Ed.2d 725 (1990); Lockett v. State, 517 So.2d 1317, 1335 (Miss. 1987); Fuselier v. State, 468 So.2d 45, 53-54 (Miss. 1985).

11992–1992
Davis v. Georgia green
scotus · 1976
2 sentences

1984Davis v. Georgia, 429 U.S. 122 , 97 S.Ct. 399 , 50 L.Ed.2d 339 (1976), holds that exclusion of just one prospective juror in violation of Witherspoon is sufficient to vitiate a death sentence.

1984Davis v. Georgia, 429 U.S. 122 , 97 S.Ct. 399 , 50 L.Ed.2d 339 (1976), holds that exclusion of just one prospective juror in violation of Witherspoon is sufficient to vitiate a death sentence.

11984–1984
Bumper v. North Carolina green
scotus · 1968
2 sentences

1970Rouse v. State, 222 So.2d 145 (Miss. 1969); Bumper v. North Carolina, 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968).

1970Rouse v. State, 222 So.2d 145 (Miss. 1969); Bumper v. North Carolina, 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968).

11970–1970
Rouse v. State green
miss · 1969
2 sentences

1970Rouse v. State, 222 So.2d 145 (Miss. 1969); Bumper v. North Carolina, 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968).

1970Rouse v. State, 222 So.2d 145 (Miss. 1969); Bumper v. North Carolina, 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968).

11970–1970

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-19 (8) MS § Miss. Code Ann. § 99-19-105 (8) MS § Miss. Code Ann. § 99-19-101 (6)

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

TX 55 (1969–2015) CA 47 (1968–2025) PA 17 (1970–2018) GA 17 (1970–2000) MS 15 (1970–2003) AL 14 (1883–1997) FL 14 (1969–1996) LA 13 (1976–2018) MO 11 (1972–2002) DE 8 (1980–1988) OH 8 (1969–2011) TN 8 (1971–2006) AR 8 (1978–2022) IL 8 (1985–2007) NJ 5 (1971–1991) IN 5 (1982–1999) OK 5 (1982–2013) ID 4 (1991–2023) NM 3 (1983–2005) KY 3 (1972–2010) WA 3 (1971–2012) UT 2 (1980–1986) OR 2 (1990–2019) CT 2 (1996–2004) VA 2 (1985–1995) MD 2 (1985–1994) NY 2 (2004–2004) AZ 2 (1987–2000)

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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