rigid standard (Mississippi) · Go Syfert
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rigid standard in Mississippi

13 Mississippi opinions name it 2 courts 1929–2012 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 (6)

CaseFollowedCited
Poole Ex Rel. Poole v. Avaragreen
miss · 2005 · cited in 2 Mississippi opinions naming this issue, 2007–2009
2 sentences

2009In 2004, for example, the Court found no error in a trial court’s decision to allow a defendant’s expert witness because all that was required to satisfy Rule 702 was “something more than unsupported speculation of subjective belief that is grounded in methods and procedures of science.” Poole v. Avara, 908 So.2d 716, 723 (Miss.2005).

2009In 2004, for example, the Court found no error in a trial court's decision to allow a defendant's expert witness because all that was required to satisfy Rule 702 was "something more than unsupported speculation of subjective belief that is grounded in methods and procedures of science." Poole v. Avara, 908 So.2d 716, 723 (Miss.2005).

22
Cummins v. Stategreen
miss · 1987 · cited in 2 Mississippi opinions naming this issue, 1998–2001
2 sentences

2001Only the second circuit has applied a rigid standard in determining if the notice requirement was met. (citation omitted). 515 So.2d at 873-74 (emphasis added). ś 33.

1998Only the second circuit has applied a rigid standard in determining if the notice requirement was met. (citation omitted). 515 So.2d at 873-74 (emphasis added). ¶33.

22
Hoggatt v. Hoggattgreen
missctapp · 2001 · cited in 1 Mississippi opinions naming this issue, 2005–2005
2 sentences

2005Hoggatt v. Hoggatt , 796 So.2d 273 , 275 (¶ 9) (Miss.Ct.App. 2001).

2005Hoggatt v. Hoggatt, 796 So.2d 273, 275 (¶ 9) (Miss.Ct.App.2001).

11
Overstreet v. Merlosgreen
miss · 1990 · cited in 1 Mississippi opinions naming this issue, 1995–1995
1 sentence

1995"The pleaded allegations of the complaint must be taken as true and a dismissal should not be granted unless it appears beyond a reasonable doubt that the plaintiff can prove no set of facts in support of his claim which entitles him to relief." Overstreet v. Merlos, 570 So.2d 1196, 1197 (Miss. 1990); Marx v. Truck Renting & Leasing Assoc., 520 So.2d 1333 (Miss. 1987).

11
Guice v. McGeheegreen
· 1929 · cited in 1 Mississippi opinions naming this issue, 1992–1992
2 sentences

1992Long ago in Guice v. McGehee, 155 Miss. 858 , 124 So. 643, 644 (1929), we held: In determining the effect of irregularities through mistakes of voters and election officials, all statutes limiting the voter in the exercise of his right of suffrage are construed liberally in his favor, in order to ascertain the will of the majority of the voters.

1992Long ago in Guice v. McGehee, 155 Miss. 858 , 124 So. 643, 644 (1929), we held: In determining the effect of irregularities through mistakes of voters and election officials, all statutes limiting the voter in the exercise of his right of suffrage are construed liberally in his favor, in order to ascertain the will of the majority of the voters.

11
United States v. William M. Ruffingreen
ca2 · 1978 · cited in 1 Mississippi opinions naming this issue, 1987–1987
1 sentence

1987United States v. Ruffin, 575 F.2d 346, 358 (2d Cir.1978).

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 (9)

CaseCitedYears
Hubbard v. Wansley green
miss · 2007
2 sentences

2009Although our most recent decisions purport to adhere to the traditional standard, this Court has demanded more and more that “an expert ... be of the same specialty as the doctor about whom the expert is testifying,” while professing that such a rigid standard “is generally not required.” Hubbard, 954 So.2d at 957 . ¶ 28.

2009Although our most recent decisions purport to adhere to the traditional standard, this Court *184 has demanded more and more that "an expert ... be of the same specialty as the doctor about whom the expert is testifying," while professing that such a rigid standard "is generally not required." Hubbard, 954 So.2d at 957 . ¶ 28.

22007–2009
Thomas v. State green
missctapp · 2001
2 sentences

2001Our Court of Appeals recently applied this espousal in Thomas v. State, ___ So.2d ___, 1999-KA-01744-COA, 2001 WL 35987 (Miss.Ct.App.

1998Our Court of Appeals recently applied this espousal in Thomas v. State, 1999-KA-01744-COA, 2001 WL 35987 (Miss.

21998–2001
Miranda v. Arizona green
scotus · 1966
2 sentences

2012In Miranda, the Court stated that the warnings stated therein were necessary “in the absence of a fully effective equivalent.” 16 In Duckworth v. Eagan, the Supreme Court stated that “[w]e have never insisted that Miranda warnings be given in the exact form described in that decision” and 14 Miranda, 384 U.S. at 470 . 15 Id. 16 Id. at 476 . 7 that “[t]he inquiry is simply whether the warnings reasonably ‘convey to a suspect his rights as required by Miranda.’” 17 ¶21.

2012In Miranda, the Court stated that the warnings stated therein were necessary “in the absence of a fully effective equivalent.” 16 In Duckworth v. Eagan, the Supreme Court stated that “[w]e have never insisted that Miranda warnings be given in the exact form described in that decision” and 14 Miranda, 384 U.S. at 470 . 15 Id. 16 Id. at 476 . 7 that “[t]he inquiry is simply whether the warnings reasonably ‘convey to a suspect his rights as required by Miranda.’” 17 ¶21.

12012–2012
Leatherwood v. State green
miss · 1985
1 sentence

2002Robinson's ineffective assistance of counsel claim must pass the rigid test promulgated in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and adopted by the Mississippi Supreme Court in Leatherwood v. State, 473 So.2d 964 (Miss.1985).

12002–2002
Strickland v. Washington green
scotus · 1984
2 sentences

2002Robinson's ineffective assistance of counsel claim must pass the rigid test promulgated in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and adopted by the Mississippi Supreme Court in Leatherwood v. State, 473 So.2d 964 (Miss.1985).

2002Robinson's ineffective assistance of counsel claim must pass the rigid test promulgated in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and adopted by the Mississippi Supreme Court in Leatherwood v. State, 473 So.2d 964 (Miss.1985).

12002–2002
Marx v. Truck Renting & Leasing Ass'n green
miss · 1987
1 sentence

1995"The pleaded allegations of the complaint must be taken as true and a dismissal should not be granted unless it appears beyond a reasonable doubt that the plaintiff can prove no set of facts in support of his claim which entitles him to relief." Overstreet v. Merlos, 570 So.2d 1196, 1197 (Miss. 1990); Marx v. Truck Renting & Leasing Assoc., 520 So.2d 1333 (Miss. 1987).

11995–1995
Oxford Production Credit Ass'n v. Bank of Oxford green
· 1944
2 sentences

1971The rigid rule of duty upon a bank to know at all hazards the signature of its depositors, with whose signatures it is familiar, does not apply to endorsements of payees, with whose signatures they are seldom familiar. ( 196 Miss. at 72 , 16 So.2d at 390 ).

1971The rigid rule of duty upon a bank to know at all hazards the signature of its depositors, with whose signatures it is familiar, does not apply to endorsements of payees, with whose signatures they are seldom familiar. ( 196 Miss. at 72 , 16 So.2d at 390 ).

11971–1971
New York Life Ins. Co. v. Bain neutral
miss · 1934
2 sentences

1944Co. v. Bain, 169 Miss. 271, 275 , 152 So. 845 , that “it is not what a person does . . . but it is the condition in which he is, and whether the activities will seriously endanger his health or life. ’ ’ In that case the insured suffered a second stroke of paralysis and was afflicted with high blood pressure, although he was still able to spend some time each morning looking over his plantation, but his physician testified that so to do was dangerous to his health and jeopardized his life — a conclusion which, as to a man in that condition, would not require a physician to establish.

1944Co. v. Bain, 169 Miss. 271, 275 , 152 So. 845 , that “it is not what a person does . . . but it is the condition in which he is, and whether the activities will seriously endanger his health or life. ’ ’ In that case the insured suffered a second stroke of paralysis and was afflicted with high blood pressure, although he was still able to spend some time each morning looking over his plantation, but his physician testified that so to do was dangerous to his health and jeopardized his life — a conclusion which, as to a man in that condition, would not require a physician to establish.

11944–1944
Morgan v. Hazlehurst Lodge green
miss · 1876
1 sentence

1929In this sense we recur to the language used by Judge Sumrall. in the ease of Hazlehurst Lodge, supra, *573 “The heir, or other person claiming derivatively from the decedent,” are subject to the rigid bar of this statute, and, attacking the title, are not permitted to inquire into the proceedings anterior to the sale.

11929–1929

Where else courts name it

CA 107 (1881–2026) NY 88 (1862–2023) IL 78 (1868–2024) PA 73 (1846–2025) TX 64 (1887–2022) NJ 62 (1880–2022) TN 54 (1879–2026) OH 47 (1884–2024) MD 41 (1949–2023) FL 38 (1885–2018) MA 36 (1936–2023) MI 31 (1863–2021) WI 30 (1909–2023) WA 29 (1903–2020) MO 27 (1882–2017) MN 26 (1890–2024) GA 25 (1895–2020) DC 25 (1973–2024) WV 23 (1888–2020) AR 21 (1954–2020) OK 21 (1906–2016) OR 21 (1898–2019) LA 20 (1944–2012) ID 18 (1899–2024) CO 18 (1890–2025) IN 17 (1878–2015) NC 17 (1895–2019) UT 16 (1951–2022) AZ 15 (1923–2024) MT 15 (1933–2026) AK 13 (1974–2018) NE 13 (1902–2022) MS 13 (1929–2012) KS 13 (1872–2018) VA 13 (1837–2009) SD 12 (1956–2022) DE 12 (1958–2024) KY 12 (1925–2020) CT 12 (1959–2025) ND 11 (1898–2010) IA 11 (1951–2016) VT 10 (1848–2025) AL 10 (1893–2007) RI 10 (1996–2023) NM 9 (1962–2012) NH 9 (1979–2019) ME 8 (1936–2025) NV 7 (1909–2016) SC 7 (1966–2015) WY 5 (1966–2025) HI 5 (1960–2024)

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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