chances error (Mississippi) · Go Syfert
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chances error in Mississippi

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.

Followed or applied (5)

CaseFollowedCited
Burge v. Stategreen
miss · 1985 · cited in 7 Mississippi opinions naming this issue, 1985–2005
2 sentences

2005Burge 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).

67
Harveston v. Stategreen
miss · 1986 · cited in 4 Mississippi opinions naming this issue, 1987–1993
2 sentences

1993Harveston, 493 So. 2d at 372 (citations omitted).

1989Harveston v. State, 493 So.2d 365, 372 (Miss. 1986).

44
City of Jackson v. Locklargreen
miss · 1983 · cited in 4 Mississippi opinions naming this issue, 1985–1988
2 sentences

1988(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).

44
Fisher v. Stategreen
miss · 1985 · cited in 2 Mississippi opinions naming this issue, 1986–1987
2 sentences

1987See, 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).

22
Cook v. Stategreen
miss · 1985 · cited in 1 Mississippi opinions naming this issue, 1987–1987
1 sentence

1987See, 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).

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 (3)

CaseCitedYears
Culbreath v. Johnson green
miss · 1983
2 sentences

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).

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).

31985–1988
Bullock v. State green
miss · 1987
1 sentence

1989Furthermore, "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 .

11989–1989
Walford v. State green
· 1913
1 sentence

1915All 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.

11915–1915

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-19 (4) MS § Miss. Code Ann. § 97-3-15 (3) MS § Miss. Code Ann. § 97-3-17 (3) MS § Miss. Code Ann. § 99-19-101 (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

TX 134 (1985–2026) OR 46 (1980–2023) UT 29 (2012–2026) MI 26 (1970–2026) CA 17 (1980–2022) MS 14 (1915–2005) NC 13 (1912–2006) CO 10 (1990–2025) PA 9 (2005–2026) LA 7 (1909–2014) WA 6 (1987–2016) IL 4 (1899–2013) VT 3 (2013–2013) GA 3 (2018–2018) NE 2 (1999–2007) MD 2 (1998–2023) FL 2 (1932–2003) MA 2 (2001–2018) WY 2 (1936–2018) NY 2 (1982–2004)

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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