emergency defense in Mississippi

14 Mississippi opinions name it 2 courts 1951–2021 2 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 (6)

Case	Followed	Cited
Smith v. Stategreen miss · 1982 · cited in 2 Mississippi opinions naming this issue, 1997–2001 2 sentences 2001Smith v. State, 419 So.2d 563, 570 (Miss. 1982) (rev'd on other grounds). 1997Smith v. State, 419 So. 2d 563, 570 (Miss. 1982) (rev'd on other grounds).	2	2
Paul v. Lacoste v. Laura R. Lacostegreen missctapp · 2016 · cited in 1 Mississippi opinions naming this issue, 2021–2021 1 sentence 2021Under Rule 59, “[n]ewly discovered evidence is evidence that existed at the time of trial, but was discovered after trial; it does not include ‘evidence that did not exist at the time of trial.’” Lacoste v. Lacoste, 197 So. 3d 897, 912 (¶55) (Miss.	1	1
Castleberry v. Castleberrygreen miss · 1989 · cited in 1 Mississippi opinions naming this issue, 2021–2021 1 sentence 2021Robinson v. Robinson, 481 So. 2d 855, 856 (Miss. 1986); Castleberry v. Castleberry, 541 So. 2d 457, 459 (Miss. 1989).	1	1
Parker v. Trahangreen miss · 1986 · cited in 1 Mississippi opinions naming this issue, 2021–2021 1 sentence 2021Robinson v. Robinson, 481 So. 2d 855, 856 (Miss. 1986); Castleberry v. Castleberry, 541 So. 2d 457, 459 (Miss. 1989).	1	1
United States v. Lester Giles Pantergreen ca5 · 1982 · cited in 1 Mississippi opinions naming this issue, 2014–2014 2 sentences 2014In U.S. v. Panter, 688 F.2d 268, 270-271 (5th Cir. 1982), the United States Court of Appeals for the Fifth Circuit stated: On three previous occasions, we have been urged to address the question whether the existence of exigent circumstances or an emergency is a defense to a firearms possession charge. 2014Prior to his taking the stand, the State “ask[ed] that the [c]ourt take up the matter of allowing [it] to question [Myers] as to his prior 9 In U.S. v. Panter, 688 F. 2d 268, 270-271 (5th Cir. 1982), the United States Court of Appeals for the Fifth Circuit stated: On three previous occasions, we have been urged to address the question whether the existence of exigent circumstances or an emergency is a defense to a firearms possession charge.	1	1
Miller Transporters v. Seay's Dependentsgreen miss · 1977 · cited in 1 Mississippi opinions naming this issue, 2005–2005 1 sentence 2005See Miller Transporters, Inc. v. Seay's Dependents, 350 So.2d 689, 691 (Miss. 1977).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (17)

Case	Cited	Years
Jones v. Dixie Greyhound Lines, Inc. green miss · 1951 2 sentences 1980This Court indicated its disfavor of the "sudden emergency" doctrine as early as 1951 in the case of Jones v. Dixie Greyhound Lines, 50 So.2d 902 (Miss. 1951), where it was said: The emergency rule is not an exception to the general rule requiring reasonable care. 1962The emergency rule cannot come into operation at all “if the emergency was proximately caused by the fault of the driver.” Jones v. Dixie Greyhound Lines, 211 Miss. 34 , 50 So. 2d 902 (1951).	3	1957–1980
Albright v. Albright green miss · 1983 1 sentence 2021He additionally requested an emergency hearing regarding custody of WHK as well as a 2 See Albright v. Albright, 437 So. 2d 1003 (Miss. 1983). 2 temporary restraining order against India.	1	2021–2021
United States v. John Cornelius Hammons green ca5 · 1978 2 sentences 2014United States v. Scales, 599 F.2d 78 (5th Cir. 1979); United States v. Hammons, 566 F.2d 1301 (5th Cir.), vacated and remanded on other grounds, 439 U.S. 810 , 99 S.Ct. 68 , 58 L.Ed.2d 102 (1978); United States v. Parker, 566 F.2d 1304 (5th Cir.), cert, denied, 435 U.S. 956 , 98 S.Ct. 1589 , 55 L.Ed.2d 808 (1978). 2014United States v. Scales, 599 F. 2d 78 (5th Cir. 1979); United States v. Hammons, 566 F.2d 1301 (5th Cir.), vacated and remanded on other grounds, 439 U.S. 810 , 99 S. Ct. 68 , 58 L.	1	2014–2014
United States v. Marvin Charles Parker green ca5 · 1978 1 sentence 2014United States v. Scales, 599 F.2d 78 (5th Cir. 1979); United States v. Hammons, 566 F.2d 1301 (5th Cir.), vacated and remanded on other grounds, 439 U.S. 810 , 99 S.Ct. 68 , 58 L.Ed.2d 102 (1978); United States v. Parker, 566 F.2d 1304 (5th Cir.), cert, denied, 435 U.S. 956 , 98 S.Ct. 1589 , 55 L.Ed.2d 808 (1978).	1	2014–2014
United States v. Eddie James Scales green ca5 · 1979 2 sentences 2014United States v. Scales, 599 F.2d 78 (5th Cir. 1979); United States v. Hammons, 566 F.2d 1301 (5th Cir.), vacated and remanded on other grounds, 439 U.S. 810 , 99 S.Ct. 68 , 58 L.Ed.2d 102 (1978); United States v. Parker, 566 F.2d 1304 (5th Cir.), cert, denied, 435 U.S. 956 , 98 S.Ct. 1589 , 55 L.Ed.2d 808 (1978). 2014United States v. Scales, 599 F. 2d 78 (5th Cir. 1979); United States v. Hammons, 566 F.2d 1301 (5th Cir.), vacated and remanded on other grounds, 439 U.S. 810 , 99 S. Ct. 68 , 58 L.	1	2014–2014
Parker v. United States green scotus · 1978 1 sentence 2014United States v. Scales, 599 F.2d 78 (5th Cir. 1979); United States v. Hammons, 566 F.2d 1301 (5th Cir.), vacated and remanded on other grounds, 439 U.S. 810 , 99 S.Ct. 68 , 58 L.Ed.2d 102 (1978); United States v. Parker, 566 F.2d 1304 (5th Cir.), cert, denied, 435 U.S. 956 , 98 S.Ct. 1589 , 55 L.Ed.2d 808 (1978).	1	2014–2014
Simpkins v. United States green scotus · 1978 1 sentence 2014United States v. Scales, 599 F.2d 78 (5th Cir. 1979); United States v. Hammons, 566 F.2d 1301 (5th Cir.), vacated and remanded on other grounds, 439 U.S. 810 , 99 S.Ct. 68 , 58 L.Ed.2d 102 (1978); United States v. Parker, 566 F.2d 1304 (5th Cir.), cert, denied, 435 U.S. 956 , 98 S.Ct. 1589 , 55 L.Ed.2d 808 (1978).	1	2014–2014
Rubin v. United States green scotus · 1978 2 sentences 2014United States v. Scales, 599 F.2d 78 (5th Cir. 1979); United States v. Hammons, 566 F.2d 1301 (5th Cir.), vacated and remanded on other grounds, 439 U.S. 810 , 99 S.Ct. 68 , 58 L.Ed.2d 102 (1978); United States v. Parker, 566 F.2d 1304 (5th Cir.), cert, denied, 435 U.S. 956 , 98 S.Ct. 1589 , 55 L.Ed.2d 808 (1978). 2014United States v. Scales, 599 F. 2d 78 (5th Cir. 1979); United States v. Hammons, 566 F.2d 1301 (5th Cir.), vacated and remanded on other grounds, 439 U.S. 810 , 99 S. Ct. 68 , 58 L.	1	2014–2014
Cook v. Muskingum Watershed Conservancy District green scotus · 1978 2 sentences 2014United States v. Scales, 599 F.2d 78 (5th Cir. 1979); United States v. Hammons, 566 F.2d 1301 (5th Cir.), vacated and remanded on other grounds, 439 U.S. 810 , 99 S.Ct. 68 , 58 L.Ed.2d 102 (1978); United States v. Parker, 566 F.2d 1304 (5th Cir.), cert, denied, 435 U.S. 956 , 98 S.Ct. 1589 , 55 L.Ed.2d 808 (1978). 2014United States v. Scales, 599 F. 2d 78 (5th Cir. 1979); United States v. Hammons, 566 F.2d 1301 (5th Cir.), vacated and remanded on other grounds, 439 U.S. 810 , 99 S. Ct. 68 , 58 L.	1	2014–2014
Coolidge v. New Hampshire green scotus · 1971 2 sentences 1982The limits in the scope of a warrantless search undertaken pursuant to the emergency doctrine are embodied in the plain-view rule as set forth by the United States Supreme Court in Coolidge v. New Hampshire, 403 U.S. 443 , 91 S.Ct. 2022 , 29 L.Ed.2d 564 (1971). [2] In Coolidge , the United States Supreme Court points out that anytime any evidence or contraband is seized, such evidence or contraband is almost always in "plain view". 1982The limits in the scope of a warrantless search undertaken pursuant to the emergency doctrine are embodied in the plain-view rule as set forth by the United States Supreme Court in Coolidge v. New Hampshire, 403 U.S. 443 , 91 S.Ct. 2022 , 29 L.Ed.2d 564 (1971). [2] In Coolidge , the United States Supreme Court points out that anytime any evidence or contraband is seized, such evidence or contraband is almost always in "plain view".	1	1982–1982
Wood v. Walley green miss · 1977 1 sentence 1979The recent case of Wood v. Walley, 352 So.2d 1083 (Miss. 1977), set forth the following requirements for applying the rule in an automobile accident case: "(1) The motorist seeking the instruction must be driving in a reasonable and prudent manner; (2) the driver must be suddenly confronted with an unexpected and sudden emergency; (3) the emergency cannot be created or contributed to by the negligence or the wrongful conduct of the driver claiming the benefit of the rule; (4) the driver must be placed in a position of peril to himself; (5) the driver cannot have sufficient time in which to det	1	1979–1979
Lum v. Jackson Industrial Uniform Service, Inc. neutral miss · 1965 2 sentences 1977Lum v. Jackson Industrial Uniform Service, Inc., 253 Miss. 342 , 175 So.2d 501 (1965); Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So.2d 377 (1965); Moore v. Taggart, 233 Miss. 389 , 102 So.2d 333 (1958). 1977Lum v. Jackson Industrial Uniform Service, Inc., 253 Miss. 342 , 175 So.2d 501 (1965); Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So.2d 377 (1965); Moore v. Taggart, 233 Miss. 389 , 102 So.2d 333 (1958).	1	1977–1977
Peel v. Gulf Transport Co. green miss · 1965 2 sentences 1977Lum v. Jackson Industrial Uniform Service, Inc., 253 Miss. 342 , 175 So.2d 501 (1965); Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So.2d 377 (1965); Moore v. Taggart, 233 Miss. 389 , 102 So.2d 333 (1958). 1977Lum v. Jackson Industrial Uniform Service, Inc., 253 Miss. 342 , 175 So.2d 501 (1965); Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So.2d 377 (1965); Moore v. Taggart, 233 Miss. 389 , 102 So.2d 333 (1958).	1	1977–1977
Moore v. Taggart green miss · 1958 2 sentences 1977Lum v. Jackson Industrial Uniform Service, Inc., 253 Miss. 342 , 175 So.2d 501 (1965); Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So.2d 377 (1965); Moore v. Taggart, 233 Miss. 389 , 102 So.2d 333 (1958). 1977Lum v. Jackson Industrial Uniform Service, Inc., 253 Miss. 342 , 175 So.2d 501 (1965); Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So.2d 377 (1965); Moore v. Taggart, 233 Miss. 389 , 102 So.2d 333 (1958).	1	1977–1977
Crump v. Brown neutral miss · 1963 2 sentences 1965Crump v. Brown, 246 Miss. 631 , 151 So. 2d 822 (1963). 1965Crump v. Brown, 246 Miss. 631 , 151 So. 2d 822 (1963).	1	1965–1965
Vann v. Tankersly green miss · 1933 2 sentences 1951Jur., Automobiles, Sec. 171, says: “Where the situation of 44 peril arises because of the driver’s own negligence, the emergency rule cannot be invoked in his behalf.” This limitation upon the rule was clearly foreshadowed in Mississippi in Vann v. Tankersly, 1932, 164 Miss. 748 , 145 So. 642, 644 , in which the Court said: “There being no conflict in the evidence as to the emergency, it becomes a question of law to be settled by the court as to whether or not there was an emergency presented to Vann, the driver, which he did not create by his own negligence, and which will excuse him from li 1951Jur., Automobiles, Sec. 171, says: “Where the situation of 44 peril arises because of the driver’s own negligence, the emergency rule cannot be invoked in his behalf.” This limitation upon the rule was clearly foreshadowed in Mississippi in Vann v. Tankersly, 1932, 164 Miss. 748 , 145 So. 642, 644 , in which the Court said: “There being no conflict in the evidence as to the emergency, it becomes a question of law to be settled by the court as to whether or not there was an emergency presented to Vann, the driver, which he did not create by his own negligence, and which will excuse him from li	1	1951–1951
Ball v. Witten green va · 1930 2 sentences 1951More pertinent is Ball v. Witten, 1930, 155 Va. 40 , 154 S. E. 547, 549 , in which there were somewhat similar instructions to those in the present 45 case, and the Court held that they wete “calculated to mislead the jury”. 1951More pertinent is Ball v. Witten, 1930, 155 Va. 40 , 154 S. E. 547, 549 , in which there were somewhat similar instructions to those in the present 45 case, and the Court held that they wete “calculated to mislead the jury”.	1	1951–1951

Where else courts name it

NY 585 (1888–2026) TX 300 (1889–2025) AR 141 (1914–2023) WA 120 (1908–2025) WI 85 (1928–2025) IL 66 (1881–2026) OR 64 (1899–2025) KS 63 (1939–2024) CA 60 (1909–2026) MO 53 (1908–2023) MN 50 (1937–2018) FL 43 (1945–2022) CT 40 (1958–2024) MI 35 (1936–2026) MA 33 (1938–2024) NE 33 (1896–2024) ND 33 (1890–2021) OK 33 (1925–2014) MD 27 (1960–2019) GA 27 (1962–2024) CO 27 (1916–2022) OH 25 (1952–2025) KY 22 (1913–2024) IN 22 (1904–2025) SD 21 (1895–2011) NJ 21 (1944–2023) AZ 17 (1919–2022) WV 17 (1981–2021) LA 17 (1933–2025) VA 17 (1948–2024) NM 15 (1933–2012) MS 14 (1951–2021) IA 14 (1960–2018) ME 13 (1950–2022) DE 12 (1971–2026) NV 10 (1989–2022) TN 9 (1932–2020) AK 8 (1966–2012) RI 8 (1979–2013) PA 7 (1948–2020) NH 7 (1971–2001) DC 6 (1983–2018) SC 6 (1966–2025) MT 5 (1972–2007) UT 4 (1936–2000) VT 4 (1935–2016) ID 4 (1914–2017) HI 3 (2009–2017) AL 3 (1968–2009) WY 3 (1995–2014) NC 2 (1964–2014)

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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