built-in presumption (Mississippi) · Go Syfert
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built-in presumption in Mississippi

12 Mississippi opinions name it 2 courts 1973–2024 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)

CaseFollowedCited
Solem v. Stumesgreen
scotus · 1984 · cited in 10 Mississippi opinions naming this issue, 1985–2023
2 sentences

2023“As a rule, judicial decisions apply ‘retroactively.’ Indeed, a legal system based on precedent has a built-in presumption of retroactivity.” Morgan v. State, 703 So. 2d 832, 839 (Miss. 1997) (citing Solem v. Stumes, 465 U.S. 638, 642 (1984)).

2008Comm'n v. Ronald Adams Contractor, Inc., 753 So.2d 1077, 1093 (Miss.2000); Morgan, 703 So.2d at 839; Solem v. Stumes, 465 U.S. 638, 642 , 104 S.Ct. 1338, 1341 , 79 L.Ed.2d 579, 586 (1984) ("a legal system based on precedent has a built-in presumption of retroactivity.").

610
Morgan v. Stategreen
miss · 1997 · cited in 2 Mississippi opinions naming this issue, 2023–2024
2 sentences

2024“Indeed, a legal system based on precedent has a built-in presumption of retroactivity.” Id. (internal quotation mark omitted) (quoting Morgan v. State, 703 So. 2d 832, 839 (Miss. 1997)).

2023“As a rule, judicial decisions apply ‘retroactively.’ Indeed, a legal system based on precedent has a built-in presumption of retroactivity.” Morgan v. State, 703 So. 2d 832, 839 (Miss. 1997) (citing Solem v. Stumes, 465 U.S. 638, 642 (1984)).

22
Robinson v. Neilgreen
scotus · 1973 · cited in 2 Mississippi opinions naming this issue, 1985–1992
2 sentences

1992See Robinson v. Neil, 409 U.S. 505, 507-08 , 93 S.Ct. 876, 877-78 , 35 L.Ed.2d 29 (1973). `Indeed, a legal system based on precedent has a built-in presumption of retroactivity.' Solem v. Stumes, 465 U.S. 638, 641-42 , 104 S.Ct. 1338, 1341 , 79 L.Ed.2d 579 (1984)." 741 F.2d at 810 .

1992See Robinson v. Neil, 409 U.S. 505, 507-08 , 93 S.Ct. 876, 877-78 , 35 L.Ed.2d 29 (1973). `Indeed, a legal system based on precedent has a built-in presumption of retroactivity.' Solem v. Stumes, 465 U.S. 638, 641-42 , 104 S.Ct. 1338, 1341 , 79 L.Ed.2d 579 (1984)." 741 F.2d at 810 .

22
Graves v. Stategreen
missctapp · 2000 · cited in 2 Mississippi opinions naming this issue, 2023–2024
2 sentences

2024“Only where ‘retroactive enforcement would cause serious disruption of the administration of justice and where the prior rule was not infected by a serious absence of fundamental fairness’ will decisions of our supreme court not be retroactively applied.” Id. (quoting Graves v. State, 761 So. 2d 950, 953-54 (Miss.

2023In Graves v. State, 761 So. 2d 950, 953-54 (¶8) (Miss.

12
Miss. Transp. Com'n v. Ronald Adams Cont.green
miss · 2000 · cited in 2 Mississippi opinions naming this issue, 2008–2024
2 sentences

2024“Indeed, a legal system based on precedent has a built-in presumption of retroactivity.” Id. (internal quotation mark omitted) (quoting Morgan v. State, 703 So. 2d 832, 839 (Miss. 1997)).

2008Comm'n v. Ronald Adams Contractor, Inc., 753 So.2d 1077, 1093 (Miss.2000); Morgan, 703 So.2d at 839; Solem v. Stumes, 465 U.S. 638, 642 , 104 S.Ct. 1338, 1341 , 79 L.Ed.2d 579, 586 (1984) ("a legal system based on precedent has a built-in presumption of retroactivity.").

12
Larry Jones, Cross-Appellant v. Morris Thigpen, Commissioner, Mississippi Dept. Of Corrections, Cross-Appelleegreen
ca5 · 1984 · cited in 2 Mississippi opinions naming this issue, 1985–1992
2 sentences

1992See Robinson v. Neil, 409 U.S. 505, 507-08 , 93 S.Ct. 876, 877-78 , 35 L.Ed.2d 29 (1973). `Indeed, a legal system based on precedent has a built-in presumption of retroactivity.' Solem v. Stumes, 465 U.S. 638, 641-42 , 104 S.Ct. 1338, 1341 , 79 L.Ed.2d 579 (1984)." 741 F.2d at 810 .

1985Solem v. Stumes, ___ U.S. ___, ___, 104 S.Ct. 1338, 1341 , 79 L.Ed.2d 579 (1984)." — 741 F.2d at 810 .

12

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 (4)

CaseCitedYears
Pruett v. City of Rosedale red
miss · 1982
1 sentence

1992Even Pruett v. City of Rosedale, 421 So.2d 1046 (Miss. 1982), was held to apply retroactively to that case.

11992–1992
Johnston v. State neutral
miss · 1911
1 sentence

1973The same argument was advanced in the case of Slaydon v. State, 102 Miss. 101 , 58 So. 977 (1912), In Slaydon , this Court said: “The doctrine applied by this court in the case cited [Johnston v. State, 101 Miss. 397 , 58 So. 97 (1912)] is in line with the views of Mr. Wigmore in his great work upon the Law of Evidence.

11973–1973
W. C. Ellis & Co. v. Walker neutral
miss · 1911
1 sentence

1973The same argument was advanced in the case of Slaydon v. State, 102 Miss. 101 , 58 So. 977 (1912), In Slaydon , this Court said: “The doctrine applied by this court in the case cited [Johnston v. State, 101 Miss. 397 , 58 So. 97 (1912)] is in line with the views of Mr. Wigmore in his great work upon the Law of Evidence.

11973–1973
Slaydon v. State green
miss · 1912
2 sentences

1973The same argument was advanced in the case of Slaydon v. State, 102 Miss. 101 , 58 So. 977 (1912), In Slaydon , this Court said: “The doctrine applied by this court in the case cited [Johnston v. State, 101 Miss. 397 , 58 So. 97 (1912)] is in line with the views of Mr. Wigmore in his great work upon the Law of Evidence.

1973The same argument was advanced in the case of Slaydon v. State, 102 Miss. 101 , 58 So. 977 (1912), In Slaydon , this Court said: “The doctrine applied by this court in the case cited [Johnston v. State, 101 Miss. 397 , 58 So. 97 (1912)] is in line with the views of Mr. Wigmore in his great work upon the Law of Evidence.

11973–1973

Where else courts name it

CA 19 (1984–2017) MS 12 (1973–2024) CT 6 (1986–2016) TX 3 (1984–2003) WY 2 (1975–2017) MI 2 (2022–2022)

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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