investigation error (Mississippi) · Go Syfert
← Mississippi issues

investigation error in Mississippi

13 Mississippi opinions name it 2 courts 1950–2021 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 (10)

CaseFollowedCited
Southern Healthcare Services, Inc. v. Lloyd's of Londongreen
missctapp · 2009 · cited in 2 Mississippi opinions naming this issue, 2011–2013
2 sentences

2013(Underline added.) The dissent wrote, “This endorsement contains no provision requiring prepayment of the deductible as a condition for providing a defense to the Appellants, as required by the contract.” S. Healthcare, 20 So.3d at 95 (¶ 44) (Griffis, J., dissenting). ¶ 33 The dissenting judges and the Insureds may have misunderstood the ROR letters and thought the Insurers required “prepayment” of the entire deductible amount before the Insurers would do anything regarding the claims.

2011(Underline added.) The dissent wrote, “This endorsement contains no provision requiring prepayment of the deductible as a condition for providing a defense to the Appellants, as required by the contract.” S. Healthcare, 20 So. 3d at 95 (¶ 44) (Griffis, J., dissenting). ¶33.

22
Harris v. Stewartgreen
· 1940 · cited in 2 Mississippi opinions naming this issue, 2006–2007
2 sentences

2007Compare Esco v. Scott, 735 So.2d 1002 (Miss.1999) (an attorney who is "of counsel" of the firm representing the contestant is not independent) and McDaniel v. Beane, 515 So.2d 949 (Miss.1987) (a member of the law firm representing the contestant is not independent) with Upton v. McKenzie, 761 So.2d at 171 (certifying attorney is independent where he does not represent the contestant with respect to the election contest, is not associated with contestant's counsel in any way, and is not precluded by Canon 3C of the Code of Judicial Conduct); Harris, 187 Miss. at 504 , 193 So. at 343 (an attorne

2007Compare Esco v. Scott, 735 So.2d 1002 (Miss.1999) (an attorney who is "of counsel" of the firm representing the contestant is not independent) and McDaniel v. Beane, 515 So.2d 949 (Miss.1987) (a member of the law firm representing the contestant is not independent) with Upton v. McKenzie, 761 So.2d at 171 (certifying attorney is independent where he does not represent the contestant with respect to the election contest, is not associated with contestant's counsel in any way, and is not precluded by Canon 3C of the Code of Judicial Conduct); Harris, 187 Miss. at 504 , 193 So. at 343 (an attorne

22
Upton v. McKenziegreen
miss · 2000 · cited in 2 Mississippi opinions naming this issue, 2006–2007
2 sentences

2007Compare Esco v. Scott, 735 So.2d 1002 (Miss.1999) (an attorney who is "of counsel" of the firm representing the contestant is not independent) and McDaniel v. Beane, 515 So.2d 949 (Miss.1987) (a member of the law firm representing the contestant is not independent) with Upton v. McKenzie, 761 So.2d at 171 (certifying attorney is independent where he does not represent the contestant with respect to the election contest, is not associated with contestant's counsel in any way, and is not precluded by Canon 3C of the Code of Judicial Conduct); Harris, 187 Miss. at 504 , 193 So. at 343 (an attorne

2006Compare Esco v. Scott, 735 So. 2d 1002 (Miss. 1999) (an attorney who is “of counsel” of the firm representing the contestant is not independent) and McDaniel v. Beane, 515 So. 2d 949 (Miss. 1987) (a member of the law firm representing the contestant is not independent) with Upton v. McKenzie, 761 So. 2d at 171 (certifying attorney is independent where he does not represent the contestant with respect to the election contest, is not associated with contestant’s counsel in any way, and is not precluded by Canon 3C of the Code of Judicial Conduct); Harris, 187 Miss. at 504 , 193 So. at 343 (an at

22
McDaniel v. Beanegreen
miss · 1987 · cited in 2 Mississippi opinions naming this issue, 2006–2007
2 sentences

2007Compare Esco v. Scott, 735 So.2d 1002 (Miss.1999) (an attorney who is "of counsel" of the firm representing the contestant is not independent) and McDaniel v. Beane, 515 So.2d 949 (Miss.1987) (a member of the law firm representing the contestant is not independent) with Upton v. McKenzie, 761 So.2d at 171 (certifying attorney is independent where he does not represent the contestant with respect to the election contest, is not associated with contestant's counsel in any way, and is not precluded by Canon 3C of the Code of Judicial Conduct); Harris, 187 Miss. at 504 , 193 So. at 343 (an attorne

2006Compare Esco v. Scott, 735 So. 2d 1002 (Miss. 1999) (an attorney who is “of counsel” of the firm representing the contestant is not independent) and McDaniel v. Beane, 515 So. 2d 949 (Miss. 1987) (a member of the law firm representing the contestant is not independent) with Upton v. McKenzie, 761 So. 2d at 171 (certifying attorney is independent where he does not represent the contestant with respect to the election contest, is not associated with contestant’s counsel in any way, and is not precluded by Canon 3C of the Code of Judicial Conduct); Harris, 187 Miss. at 504 , 193 So. at 343 (an at

22
Esco v. Scottgreen
miss · 1999 · cited in 2 Mississippi opinions naming this issue, 2006–2007
2 sentences

2007Compare Esco v. Scott, 735 So.2d 1002 (Miss.1999) (an attorney who is "of counsel" of the firm representing the contestant is not independent) and McDaniel v. Beane, 515 So.2d 949 (Miss.1987) (a member of the law firm representing the contestant is not independent) with Upton v. McKenzie, 761 So.2d at 171 (certifying attorney is independent where he does not represent the contestant with respect to the election contest, is not associated with contestant's counsel in any way, and is not precluded by Canon 3C of the Code of Judicial Conduct); Harris, 187 Miss. at 504 , 193 So. at 343 (an attorne

2006Compare Esco v. Scott, 735 So. 2d 1002 (Miss. 1999) (an attorney who is “of counsel” of the firm representing the contestant is not independent) and McDaniel v. Beane, 515 So. 2d 949 (Miss. 1987) (a member of the law firm representing the contestant is not independent) with Upton v. McKenzie, 761 So. 2d at 171 (certifying attorney is independent where he does not represent the contestant with respect to the election contest, is not associated with contestant’s counsel in any way, and is not precluded by Canon 3C of the Code of Judicial Conduct); Harris, 187 Miss. at 504 , 193 So. at 343 (an at

22
Blain v. Sam Finley, Inc.green
miss · 1969 · cited in 2 Mississippi opinions naming this issue, 1999–2001
2 sentences

2001Id. at 746 (emphasis added).

1999Id. at 746 (emphasis added).

22
Nosser v. First American Credit Corp.green
missctapp · 2002 · cited in 1 Mississippi opinions naming this issue, 2021–2021
1 sentence

2021See Cooper’s Inc. of Miss. v. Long, 224 So. 2d 866, 870 (Miss. 1969); Nosser, 814 So. 2d at 180 (¶7). ¶36.

11
Cooper's, Inc. v. Longgreen
miss · 1969 · cited in 1 Mississippi opinions naming this issue, 2021–2021
1 sentence

2021See Cooper’s Inc. of Miss. v. Long, 224 So. 2d 866, 870 (Miss. 1969); Nosser, 814 So. 2d at 180 (¶7). ¶36.

11
Greenwood Utilities v. Williamsgreen
missctapp · 2001 · cited in 1 Mississippi opinions naming this issue, 2014–2014
1 sentence

2014State Bd. of Pharmacy, 592 So.2d 37, 42-43 (Miss.1991) (holding that the admission of prescribing physicians’ affidavits was not error where the defendant pharmacist had been informed of his procedural-due-process rights); see also Greenwood Utilities v. Williams, 801 So.2d 783, 790 (¶ 23) (Miss.Ct.App.2001) (acknowledging the broad discretion and procedural flexibility that an AJ possesses); Miss.Code Ann. § 71-3-47 ("The [Cjommission shall have full power and authority to determine all questions relating to the payment of claims for compensation!.]”); Miss.Code Ann. § 71-3-55(1) (Rev. 2011)

11
Riddle v. State Bd. of Pharmacygreen
miss · 1991 · cited in 1 Mississippi opinions naming this issue, 2014–2014
1 sentence

2014State Bd. of Pharmacy, 592 So.2d 37, 42-43 (Miss.1991) (holding that the admission of prescribing physicians’ affidavits was not error where the defendant pharmacist had been informed of his procedural-due-process rights); see also Greenwood Utilities v. Williams, 801 So.2d 783, 790 (¶ 23) (Miss.Ct.App.2001) (acknowledging the broad discretion and procedural flexibility that an AJ possesses); Miss.Code Ann. § 71-3-47 ("The [Cjommission shall have full power and authority to determine all questions relating to the payment of claims for compensation!.]”); Miss.Code Ann. § 71-3-55(1) (Rev. 2011)

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
Woodward v. State green
miss · 2003
2 sentences

2006In Woodward v. State, 843 So.2d 1 (Miss. 2003), this Court held, that "[a] defendant who alleges that trial counsel's failure to investigate constituted ineffectiveness must also state with particularity what the investigation would have revealed and specify how it would have altered the outcome of trial . . . or `how such additional investigation would have significantly aided his cause at trial.'" Id. at 18 . ¶ 24.

2006In Woodward v. State, 843 So.2d 1 (Miss. 2003), this Court held, that "[a] defendant who alleges that trial counsel's failure to investigate constituted ineffectiveness must also state with particularity what the investigation would have revealed and specify how it would have altered the outcome of trial . . . or `how such additional investigation would have significantly aided his cause at trial.'" Id. at 18 . ¶ 24.

22002–2006
Lee v. State neutral
miss · 1924
2 sentences

1951Rep. 634 ; Lee v. State, 137 Miss. 329 , 102 So. 296 ; Randolph v. State, 152 Miss. 48 , 118 So. 354 ; and Dobbs v. State, 167 Miss. 609 , 142 So. 500 , wherein it is held that the failure of the trial court to make the preliminary investigation is not error unless he is requested to do so by the defendant.

1951Rep. 634 ; Lee v. State, 137 Miss. 329 , 102 So. 296 ; Randolph v. State, 152 Miss. 48 , 118 So. 354 ; and Dobbs v. State, 167 Miss. 609 , 142 So. 500 , wherein it is held that the failure of the trial court to make the preliminary investigation is not error unless he is requested to do so by the defendant.

21950–1951
Dobbs v. State neutral
miss · 1932
2 sentences

1951Rep. 634 ; Lee v. State, 137 Miss. 329 , 102 So. 296 ; Randolph v. State, 152 Miss. 48 , 118 So. 354 ; and Dobbs v. State, 167 Miss. 609 , 142 So. 500 , wherein it is held that the failure of the trial court to make the preliminary investigation is not error unless he is requested to do so by the defendant.

1951Rep. 634 ; Lee v. State, 137 Miss. 329 , 102 So. 296 ; Randolph v. State, 152 Miss. 48 , 118 So. 354 ; and Dobbs v. State, 167 Miss. 609 , 142 So. 500 , wherein it is held that the failure of the trial court to make the preliminary investigation is not error unless he is requested to do so by the defendant.

21950–1951
Randolph v. State neutral
· 1928
2 sentences

1951Rep. 634 ; Lee v. State, 137 Miss. 329 , 102 So. 296 ; Randolph v. State, 152 Miss. 48 , 118 So. 354 ; and Dobbs v. State, 167 Miss. 609 , 142 So. 500 , wherein it is held that the failure of the trial court to make the preliminary investigation is not error unless he is requested to do so by the defendant.

1951Rep. 634 ; Lee v. State, 137 Miss. 329 , 102 So. 296 ; Randolph v. State, 152 Miss. 48 , 118 So. 354 ; and Dobbs v. State, 167 Miss. 609 , 142 So. 500 , wherein it is held that the failure of the trial court to make the preliminary investigation is not error unless he is requested to do so by the defendant.

21950–1951
Delta Drilling Co. v. Cannette green
miss · 1986
1 sentence

2019“It is a rare day when we will reverse the Commission for an action taken in the implementation and enforcement of its own procedural rules.” Delta Drilling Co., 489 So. 2d at 1380-81 .

12019–2019

Statutes the citing opinions construe

MS § Miss. Code Ann. § 71-3-55 (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

MI 62 (1901–2025) NY 59 (1907–2025) TX 54 (1945–2025) CA 51 (1928–2026) LA 34 (1974–2024) IL 31 (1934–2026) OH 25 (1932–2023) PA 22 (1948–2023) NJ 19 (1923–2025) IN 16 (1895–2017) FL 15 (1959–2021) OK 14 (1920–2012) WI 14 (1934–2025) CO 14 (1984–2018) MS 13 (1950–2021) MO 13 (1907–2024) OR 12 (1926–2021) MA 11 (1984–2013) WA 10 (1920–2024) GA 9 (1899–2019) MT 8 (1994–2013) AL 8 (1915–2005) WV 8 (1986–2025) MD 7 (1964–2024) ND 7 (1979–2009) MN 7 (1891–2012) NC 7 (1893–2014) AK 6 (1970–2024) TN 6 (1962–2024) ID 5 (1972–2026) AZ 4 (1985–2016) IA 4 (1922–2018) NM 4 (1994–2012) SC 4 (2008–2025) CT 4 (1991–2011) ME 4 (2005–2020) SD 3 (1984–2009) DE 3 (2022–2023) KY 3 (2002–2014) NE 2 (1945–1946) KS 2 (1949–2004) RI 2 (1899–1994) VA 2 (1898–1980) DC 2 (2012–2016) HI 2 (1978–2003)

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.

← Caselaw search · G Cite Topics · Brief Check