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14 Mississippi opinions name it 1 courts 1915–2005 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 |
|---|---|---|
Burge v. Stategreen2 sentences2005Burge v. State, 472 So.2d 392, 396 (Miss. 1985). ¶ 65. 1985As in Culbreath v. Johnson, 427 So.2d 705 (Miss. 1983) Were we to substitute our view [of the reasonable inferences that may be drawn from] the facts for the... [jury's], one thing could be said with certainty: the chances of error in any findings we might make would be infinitely greater than is the case where those findings are made by ... [twelve citizens, peers of the defendant, who are on the scene and smell the smoke of the battle]. 427 So.2d at 708 ; Burge v. State, 472 So.2d at 396 ; see also City of Jackson v. Locklar, 431 So.2d 475, 479 (Miss. 1983). | 6 | 7 |
Harveston v. Stategreen2 sentences1993Harveston, 493 So. 2d at 372 (citations omitted). 1989Harveston v. State, 493 So.2d 365, 372 (Miss. 1986). | 4 | 4 |
City of Jackson v. Locklargreen2 sentences1988(Justice Robertson) 427 So.2d at 708 ; Burge v. State, 472 So.2d at 396 (Justice Robertson); see also City of Jackson v. Locklar, 431 So.2d 475, 479 (Miss. 1983) (Justice Robertson). [Brackets in original] 481 So.2d at 214. 1985As in Culbreath v. Johnson, 427 So.2d 705 (Miss. 1983) Were we to substitute our view [of the reasonable inferences that may be drawn from] the facts for the... [jury's], one thing could be said with certainty: the chances of error in any findings we might make would be infinitely greater than is the case where those findings are made by ... [twelve citizens, peers of the defendant, who are on the scene and smell the smoke of the battle]. 427 So.2d at 708 ; Burge v. State, 472 So.2d at 396 ; see also City of Jackson v. Locklar, 431 So.2d 475, 479 (Miss. 1983). | 4 | 4 |
Fisher v. Stategreen2 sentences1987See, e.g., Harveston v. State, 493 So.2d 365, 372 (Miss. 1986); Fisher v. State, 481 So.2d 203, 214 (Miss. 1985); Burge v. State, 472 So.2d 392, 396 (Miss. 1985); Cook v. State, 467 So.2d 203, 204 (Miss. 1985); City of Jackson v. Locklar, 431 So.2d 475, 479 (Miss. 1983). 1986Fisher v. State, 481 So.2d 203, 214 (Miss. 1985); Burge v. State, 472 So.2d 392, 396 (Miss. 1985); City of Jackson v. Locklar, 431 So.2d 475, 479 (Miss. 1983). | 2 | 2 |
Cook v. Stategreen1 sentence1987See, e.g., Harveston v. State, 493 So.2d 365, 372 (Miss. 1986); Fisher v. State, 481 So.2d 203, 214 (Miss. 1985); Burge v. State, 472 So.2d 392, 396 (Miss. 1985); Cook v. State, 467 So.2d 203, 204 (Miss. 1985); City of Jackson v. Locklar, 431 So.2d 475, 479 (Miss. 1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Culbreath v. Johnson
green
2 sentences1985As in Culbreath v. Johnson, 427 So.2d 705 (Miss. 1983) Were we to substitute our view [of the reasonable inferences that may be drawn from] the facts for the... [jury's], one thing could be said with certainty: the chances of error in any findings we might make would be infinitely greater than is the case where those findings are made by ... [twelve citizens, peers of the defendant, who are on the scene and smell the smoke of the battle]. 427 So.2d at 708 ; Burge v. State, 472 So.2d at 396 ; see also City of Jackson v. Locklar, 431 So.2d 475, 479 (Miss. 1983). 1985As in Culbreath v. Johnson, 427 So.2d 705 (Miss. 1983) Were we to substitute our view [of the reasonable inferences that may be drawn from] the facts for the... [jury's], one thing could be said with certainty: the chances of error in any findings we might make would be infinitely greater than is the case where those findings are made by ... [twelve citizens, peers of the defendant, who are on the scene and smell the smoke of the battle]. 427 So.2d at 708 ; Burge v. State, 472 So.2d at 396 ; see also City of Jackson v. Locklar, 431 So.2d 475, 479 (Miss. 1983). | 3 | 1985–1988 |
Bullock v. State
green
1 sentence1989Furthermore, "we lack the practical capacity to do a very good job of factfinding," and "in the context of considering whether we would substitute our view for that of a jury on a question of fact, we have recognized repeatedly that the chances of error in any findings we might make would be infinitely greater than in the case where those findings have been made by twelve citizens, peers of the defendant, who have smelled the smoke of battle." Id. at 775 . | 1 | 1989–1989 |
Walford v. State
green
1 sentence1915All that they can ask is a fair and impartial trial before a fair and impartial jury.” In the case of Walford v. State, 63 So. 316 , there was a motion to quash the venire principally because the sheriff summoned thirty men instead of forty as required by the statute and Smith, Chief Justice, in the opinion of the court, says: “The sheriff failed to summon forty jurors, and therefore to that extent failed to obey the order of the court; but under section 2718 this provision of the jury law is directory merely. | 1 | 1915–1915 |
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.