vagueness challenge (Mississippi) · Go Syfert
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vagueness challenge in Mississippi

13 Mississippi opinions name it 2 courts 1985–2020 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 (9)

CaseFollowedCited
Roark & Hardee LP v. City of Austingreen
ca5 · 2008 · cited in 3 Mississippi opinions naming this issue, 2009–2014
2 sentences

2010Roark & Hardee LP v. City of Austin, 522 F.3d 533, 548 (5th Cir.2008) (If the statute implicates a constitutional right, then the Court must apply a stricter vagueness test, i.e., a facial analysis.). .

2009Ed. 2d 67 (1999) (plurality opinion). 28 Roark & Hardee LP v. City of Austin, 522 F.3d 533, 548 (5th Cir. 2008) (If the statute implicates a constitutional right, then the Court must apply a stricter vagueness test, i.e., a facial analysis.). 7 protected right, the court should consider whether the statute is impermissibly vague in all of its applications, applying the statute to the complainant’s conduct before considering any hypothetical scenarios.29 In applying the statute to the facts at hand, the court must consider whether the complainant had notice of what conduct is prohibited and whe

33
Leuer v. City of Flowoodgreen
miss · 1999 · cited in 2 Mississippi opinions naming this issue, 2016–2016
2 sentences

2016In Leuer v. City of Flowood, 744 So.2d 266, 270 (¶ 14) (Miss.1999), a vagueness challenge similar to the one raised here was made to Mississippi’s careless-driving statute." See Miss.Code Ann. § 63-3-1213 , (Rev.2013) (“Any person who drives any vehicle in a careless or imprudent manner, .without due regard for the width, grade, curves, corner, traffic and use of the streets and highways and all other attendant circumstances is guilty of careless driving.”).

2016In Leuer v. City of Flowood, 744 So. 2d 266, 270 (¶14) (Miss. 1999), a vagueness challenge similar to the one raised here was made to Mississippi’s careless-driving statute.

22
Jones v. City of Meridiangreen
miss · 1989 · cited in 2 Mississippi opinions naming this issue, 2000–2002
2 sentences

2002A statute challenged on the grounds of vagueness is void if "individuals of common intelligence must necessarily guess at the meaning and differ as to its application." Jones v. City of Meridian, 552 So.2d 820, 824 (Miss.1989) (quoting Connally v. General Const. Co., 269 U.S. 385 , 46 S.Ct. 126 , 70 L.Ed. 322 (1926)).

2000A statute challenged on the grounds of vagueness is void if "individuals of common intelligence must necessarily guess at the meaning and differ as to its application." Id. (citing Jones v. City of Meridian, 552 So.2d 820, 824 (Miss. 1989)).

22
Molden v. MISS. STATE DEPT. OF HEALTHgreen
miss · 1998 · cited in 1 Mississippi opinions naming this issue, 2020–2020
1 sentence

2020In that case, the Mississippi Supreme Court held that the same analysis applied in assessing a vagueness claim in the Mississippi state courts is that set forth by the United States Supreme Court in Roth v. United States, 354 U.S. 476 (1957), as follows: “[T]he Constitution does not require impossible standards; all that is required is that the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices.” Molden, 730 So. 2d at 39-40 (¶24) (internal quotation marks omitted) (quoting Roth, 354 U.S. at 491 ). 7 ¶18.

11
Stephen Nolan v. State of Mississippigreen
missctapp · 2016 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017See, e.g., Nolan v. State, 182 So. 3d 484, 492 (¶¶28-31) (Miss.

11
Fulgham v. Stategreen
miss · 2010 · cited in 1 Mississippi opinions naming this issue, 2014–2014
1 sentence

2014In Fulgham, 47 So.3d at 702-703 (¶¶ 13-14), the four-justice plurality held that Mississippi should apply the Fifth Circuit’s interpretation of the doctrine outlined in Roark & Hardee LP v. City of Austin, 522 F.3d 533, 548-53 (5th Cir.2008).

11
Hoffman Estates v. Flipside, Hoffman Estates, Inc.green
scotus · 1982 · cited in 1 Mississippi opinions naming this issue, 2009–2009
1 sentence

2009Ed. 2d 362 (1982). 22 Id. at 495, 497 . 6 the Constitution demands of a law is whether it threatens to inhibit the exercise of constitutionally protected rights.” 23 If it does, then “a more stringent vagueness test should apply.” 24 ¶12.

11
Corry v. Stategreen
miss · 1998 · cited in 1 Mississippi opinions naming this issue, 2002–2002
1 sentence

2002The vagueness doctrine has been explained by this Court in Corry v. State, 710 So.2d 853, 859 (Miss.1998).

11
Federal Election Commission v. T. Bertram Lancegreen
ca5 · 1981 · cited in 1 Mississippi opinions naming this issue, 1987–1987
1 sentence

1987Federal Election Commission v. Lance, 635 F.2d 1132, 1142 (5th Cir.), cert. denied, 453 U.S. 917 , 101 S.Ct. 3151 , 69 L.Ed.2d 999 (1981).

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 (6)

CaseCitedYears
Walton v. Arizona red
scotus · 1990
2 sentences

1999In a wanton, insensate or vindictive manner; sadistic'; and `depraved' *361 or vindictive manner; sadistic'; and `depraved' means `marked by debasement, corruption, perversion or deterioration.'" 135 Ariz., at 429, 661 P.2d, at 1130 (citations omitted). * * * * [W]e resolved any doubt about the matter in Walton v. Arizona, 497 U.S. 639 , 110 S.Ct. 3047 , 111 L.Ed.2d 511 , where we upheld, against a vagueness challenge, the precise aggravating circumstance at issue in this case.

1999In a wanton, insensate or vindictive manner; sadistic'; and `depraved' *361 or vindictive manner; sadistic'; and `depraved' means `marked by debasement, corruption, perversion or deterioration.'" 135 Ariz., at 429, 661 P.2d, at 1130 (citations omitted). * * * * [W]e resolved any doubt about the matter in Walton v. Arizona, 497 U.S. 639 , 110 S.Ct. 3047 , 111 L.Ed.2d 511 , where we upheld, against a vagueness challenge, the precise aggravating circumstance at issue in this case.

21996–1999
Roth v. United States green
scotus · 1957
2 sentences

2020In that case, the Mississippi Supreme Court held that the same analysis applied in assessing a vagueness claim in the Mississippi state courts is that set forth by the United States Supreme Court in Roth v. United States, 354 U.S. 476 (1957), as follows: “[T]he Constitution does not require impossible standards; all that is required is that the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices.” Molden, 730 So. 2d at 39-40 (¶24) (internal quotation marks omitted) (quoting Roth, 354 U.S. at 491 ). 7 ¶18.

2020In that case, the Mississippi Supreme Court held that the same analysis applied in assessing a vagueness claim in the Mississippi state courts is that set forth by the United States Supreme Court in Roth v. United States, 354 U.S. 476 (1957), as follows: “[T]he Constitution does not require impossible standards; all that is required is that the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices.” Molden, 730 So. 2d at 39-40 (¶24) (internal quotation marks omitted) (quoting Roth, 354 U.S. at 491 ). 7 ¶18.

12020–2020
Connally v. General Construction Co. green
scotus · 1926
2 sentences

2002A statute challenged on the grounds of vagueness is void if "individuals of common intelligence must necessarily guess at the meaning and differ as to its application." Jones v. City of Meridian, 552 So.2d 820, 824 (Miss.1989) (quoting Connally v. General Const. Co., 269 U.S. 385 , 46 S.Ct. 126 , 70 L.Ed. 322 (1926)).

2002A statute challenged on the grounds of vagueness is void if "individuals of common intelligence must necessarily guess at the meaning and differ as to its application." Jones v. City of Meridian, 552 So.2d 820, 824 (Miss.1989) (quoting Connally v. General Const. Co., 269 U.S. 385 , 46 S.Ct. 126 , 70 L.Ed. 322 (1926)).

12002–2002
Council of Greenburgh Civic Assns. v. United States Postal Service green
scotus · 1981
1 sentence

1987Federal Election Commission v. Lance, 635 F.2d 1132, 1142 (5th Cir.), cert. denied, 453 U.S. 917 , 101 S.Ct. 3151 , 69 L.Ed.2d 999 (1981).

11987–1987
Lance v. Federal Election Commission green
scotus · 1981
2 sentences

1987Federal Election Commission v. Lance, 635 F.2d 1132, 1142 (5th Cir.), cert. denied, 453 U.S. 917 , 101 S.Ct. 3151 , 69 L.Ed.2d 999 (1981).

1987Federal Election Commission v. Lance, 635 F.2d 1132, 1142 (5th Cir.), cert. denied, 453 U.S. 917 , 101 S.Ct. 3151 , 69 L.Ed.2d 999 (1981).

11987–1987
A Mississippi Atty. v. Mississippi State Bar green
miss · 1984
1 sentence

1985This Court said: "That is as it should be and we seek to impose no standard here." 453 So.2d at 1028 . *1088 The appellants' vagueness challenge is without merit.

11985–1985

Where else courts name it

CA 356 (1975–2026) WA 312 (1973–2026) TX 223 (1969–2026) IL 160 (1980–2026) CT 116 (1978–2026) OH 102 (1973–2026) CO 99 (1973–2026) FL 91 (1973–2025) NY 87 (1969–2026) NJ 79 (1979–2026) PA 77 (1976–2026) OR 75 (1976–2025) MI 70 (1906–2026) WI 67 (1979–2026) GA 57 (1981–2026) IA 52 (1976–2024) MO 48 (1977–2024) IN 46 (1979–2026) AZ 45 (1978–2026) MA 44 (1958–2026) NM 44 (1971–2023) NV 37 (1987–2026) MN 37 (1973–2024) MD 36 (1976–2024) TN 35 (1973–2025) KS 30 (1978–2026) ID 29 (1985–2025) DC 29 (1972–2021) VA 29 (1975–2024) AL 28 (1982–2016) ND 24 (1975–2025) NE 21 (1897–2023) UT 20 (1988–2026) ME 19 (1981–2024) HI 18 (1919–2019) AK 17 (1972–2026) AR 14 (1987–2015) MS 13 (1985–2020) NH 13 (1974–2025) LA 13 (1985–2023) WV 13 (1982–2023) WY 12 (1979–2014) DE 11 (1978–2024) RI 11 (1978–2015) NC 10 (1981–2026) KY 10 (1985–2020) VT 10 (1999–2026) MT 9 (1994–2026) SC 6 (1990–2025) OK 5 (1978–2005) SD 5 (2003–2014)

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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