admission test (Mississippi) · Go Syfert
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admission test in Mississippi

13 Mississippi opinions name it 2 courts 1971–2023 1 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 (7)

CaseFollowedCited
State v. Fairleighgreen
lactapp · 1986 · cited in 2 Mississippi opinions naming this issue, 1992–1996
2 sentences

1996App. 554 , 732 P.2d 253, 257 (1987)("[F]or the admission of the test result from the use of a particular Intoxilyzer utilized at a specific time, there must be sufficient foundational evidence showing that (1) the Intoxilyzer was in proper working order; (2) its operator was qualified; and (3) the test was properly administered."); State v. Fairleigh, 490 So.2d 490, 497 (La.

1992Ct. App. 1987)("[F]or the admission of the test result from the use of a particular Intoxilyzer utilized at a specific time, there must be sufficient foundational evidence showing that (1) the Intoxilyzer was in proper working order; (2) its operator was qualified; and (3) the test was properly administered."); State v. Fairleigh, 490 So. 2d 490, 497 (La.

22
Johnston v. Stategreen
miss · 1990 · cited in 1 Mississippi opinions naming this issue, 2012–2012
1 sentence

2012See Johnston, 567 So.2d at 239 (proof of calibration of an intoxilyzer machine is foundational to the admission of test results).

11
Burt v. Duckworthgreen
miss · 1968 · cited in 1 Mississippi opinions naming this issue, 2009–2009
2 sentences

2009Although we might take Humphreys County’s failure to file a brief as an admission of error, we are not required to do so if we “can say with confidence, after considering the record and brief of appealing party, that there was no error.” State v. Maples, 402 So.2d 350, 353 (Miss.1981) (quoting Burt v. Duckworth, 206 So.2d 850, 853 (Miss.1968)).

2009Although we might take Humphreys County's failure to file a brief as an admission of error, we are not required to do so if we "can say with confidence, after considering the record and brief of appealing party, that there was no error." State v. Maples, 402 So.2d 350, 353 (Miss.1981) (quoting Burt v. Duckworth, 206 So.2d 850, 853 (Miss. 1968)).

11
State v. Maplesgreen
miss · 1981 · cited in 1 Mississippi opinions naming this issue, 2009–2009
2 sentences

2009Although we might take Humphreys County’s failure to file a brief as an admission of error, we are not required to do so if we “can say with confidence, after considering the record and brief of appealing party, that there was no error.” State v. Maples, 402 So.2d 350, 353 (Miss.1981) (quoting Burt v. Duckworth, 206 So.2d 850, 853 (Miss.1968)).

2009Although we might take Humphreys County's failure to file a brief as an admission of error, we are not required to do so if we "can say with confidence, after considering the record and brief of appealing party, that there was no error." State v. Maples, 402 So.2d 350, 353 (Miss.1981) (quoting Burt v. Duckworth, 206 So.2d 850, 853 (Miss. 1968)).

11
Godsey v. Houstongreen
miss · 1991 · cited in 1 Mississippi opinions naming this issue, 2004–2004
1 sentence

2004In Godsey v. Houston, 584 So.2d 389, 393 (Miss.1991), the court found no violation of due process rights where there was evidence of notice and/or waiver of hearing and an admission of violation of post-release supervision.

11
State v. Souzagreen
hawapp · 1987 · cited in 1 Mississippi opinions naming this issue, 1996–1996
1 sentence

1996App. 554 , 732 P.2d 253, 257 (1987)("[F]or the admission of the test result from the use of a particular Intoxilyzer utilized at a specific time, there must be sufficient foundational evidence showing that (1) the Intoxilyzer was in proper working order; (2) its operator was qualified; and (3) the test was properly administered."); State v. Fairleigh, 490 So.2d 490, 497 (La.

11
Polk v. Stategreen
miss · 1992 · cited in 1 Mississippi opinions naming this issue, 1993–1993
1 sentence

1993Stewart correctly cites this Court's stringent requirements of the admission of DNA test results as stated in Polk v. State, 612 So. 2d 381, 388 (Miss. 1992).

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 (5)

CaseCitedYears
Stringer v. State green
miss · 1986
2 sentences

1996Stringer, 491 So.2d at 837 .

1996Stringer, 491 So.2d at 837 .

31995–1996
Schmerber v. California green
scotus · 1966
2 sentences

1977In Schmerber v. California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966) the United States Supreme Court held that the withdrawal of the accused's blood and the admission of the analysis report did not violate self-incrimination rights under the Fifth Amendment.

1977In Schmerber v. California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966) the United States Supreme Court held that the withdrawal of the accused's blood and the admission of the analysis report did not violate self-incrimination rights under the Fifth Amendment.

21971–1977
Peggy P. McGrew v. Charles Elliot McGrew green
missctapp · 2015
1 sentence

2023Id.

12023–2023
People v. Carreira green
nywatertcityct · 2010
1 sentence

2012As another court that reached the same conclusion has recognized, “[calibration] records lack the presumption of neutrality typical business records enjoy because they are created by law enforcement personnel for law enforcement personnel and therefore may not be prepared with the same objectivity as records created by a third party truly indifferent to the outcomes of criminal prosecutions.” People v. Carreira, 27 Misc.3d 293 , 893 N.Y.S.2d 844 (N.Y.City Ct.2010).

12012–2012
Gordon v. State green
miss · 1977
1 sentence

2006Id.

12006–2006

Statutes the citing opinions construe

MS § Miss. Code Ann. § 63-11-19 (3) MS § Miss. Code Ann. § 63-11-30 (3) MS § Miss. Code Ann. § 97-3-19 (3) MS § Miss. Code Ann. § 97-5-39 (3) MS § Miss. Code Ann. § 99-19-101 (3) MS § Miss. Code Ann. § 99-19-105 (3) MS § Miss. Code Ann. § 99-19-81 (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

CA 148 (1889–2026) IL 97 (1894–2026) NY 60 (1854–2026) PA 49 (1973–2026) TX 46 (1908–2025) OH 46 (1967–2024) MO 36 (1892–2019) FL 28 (1941–2025) GA 26 (1900–2023) UT 22 (1979–2025) TN 21 (1926–2025) IN 21 (1887–2023) NC 20 (1900–2021) OK 20 (1941–2010) MI 19 (1922–2026) MA 18 (1906–2026) CT 17 (1899–2026) AL 17 (1870–2006) AZ 17 (1923–2024) NJ 16 (1915–2021) MD 16 (1984–2020) LA 14 (1954–2020) WA 14 (1914–2011) ND 14 (1984–2023) MS 13 (1971–2023) WI 12 (1884–2021) ME 9 (1989–2020) IA 9 (1957–2014) VT 9 (1996–2024) SC 8 (1926–2024) SD 8 (1968–2021) AR 8 (1920–2015) CO 8 (1957–2024) KS 8 (1917–2025) MN 7 (1983–2009) DC 7 (1985–2004) OR 7 (1922–2023) VA 7 (1995–2023) NE 7 (1894–2026) RI 7 (1937–2008) ID 6 (1993–2017) WV 6 (1938–2012) NM 5 (1959–2007) HI 5 (1987–2025) NV 4 (1967–2022) NH 4 (1994–2012) WY 3 (1929–1993) DE 3 (1960–2024) AK 2 (1980–1984) KY 2 (2014–2019) GU 2 (2023–2023)

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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