12 Mississippi opinions name it 1 courts 1984–2023 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.
| Case | Followed | Cited |
|---|---|---|
DeBussi v. Stategreen2 sentences2001Id. at 1033 (citations omitted). ś 73. 1998Id. at 1033 (citations omitted). ¶73. | 2 | 3 |
Conner v. Statered2 sentences2001In Conner v. State , this Court approved an instruction to that effect in a capital sentencing hearing. 632 So.2d 1239, 1268 (Miss.1993). 1998In Connor v. State, this Court approved an instruction to that effect in a capital sentencing hearing. 632 So. 2d 1239, 1268 (Miss. 1993). | 2 | 2 |
Burger v. Kempgreen2 sentences2023In Burger v. Kemp, 483 U.S. 776, 788 , 107 S. Ct. 3114 , 97 L. 2023In Burger v. Kemp, 483 U.S. 776, 788 , 107 S. Ct. 3114 , 97 L. | 1 | 1 |
MacKbee v. Stategreen1 sentence1998See Mackbee v. State, 575 So.2d 16 (Miss.1990); Turner v. State, 573 So.2d 657 (Miss.1990). | 1 | 1 |
Cooper v. Stategreen1 sentence1984See Cooper v. State, 631 S.W.2d 508, 513-514 (Tex. Crim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
William Boyd Tucker v. Ralph Kemp, Warden
green
2 sentences1998In fact in one of the cases cited, Tucker v. Kemp, 762 F.2d 1480 (11th Cir.) vacated on other grounds 474 U.S. 1001 , 106 S.Ct. 517 , 88 L.Ed.2d 452 (1985), the Eleventh Circuit affirmed even though the prosecutor during a capital sentencing hearing discussed the infrequency of the district attorney's office seeking the death penalty, stated personal opinion concerning the defendant's chance for rehabilitation, and commented that a life sentence would put a burden on the taxpayers. [12] The State utilized a model or drawing of the town of Sidon for witnesses to use to illustrate their testimon 1998In fact in one of the cases cited, Tucker v. Kemp, 762 F.2d 1480 (11th Cir.) vacated, 474 U.S. 1001 , 106 S.Ct. 517 , 88 L.Ed.2d 452 (1985), the Eleventh Circuit affirmed even though the prosecutor during a capital sentencing hearing discussed the infrequency of the district attorney's office seeking the death penalty, stated personal opinion concerning the defendant's chance for rehabilitation, and commented that a life sentence would put a burden on the taxpayers. [16] The State utilized a model or drawing of the town of Sidon for use by the witnesses to illustrate their testimony. [17] Jero | 4 | 1993–1998 |
American Airlines, Inc. v. United States
green
2 sentences1998In fact in one of the cases cited, Tucker v. Kemp, 762 F.2d 1480 (11th Cir.) vacated on other grounds 474 U.S. 1001 , 106 S.Ct. 517 , 88 L.Ed.2d 452 (1985), the Eleventh Circuit affirmed even though the prosecutor during a capital sentencing hearing discussed the infrequency of the district attorney's office seeking the death penalty, stated personal opinion concerning the defendant's chance for rehabilitation, and commented that a life sentence would put a burden on the taxpayers. [12] The State utilized a model or drawing of the town of Sidon for witnesses to use to illustrate their testimon 1998In fact in one of the cases cited, Tucker v. Kemp, 762 F.2d 1480 (11th Cir.) vacated, 474 U.S. 1001 , 106 S.Ct. 517 , 88 L.Ed.2d 452 (1985), the Eleventh Circuit affirmed even though the prosecutor during a capital sentencing hearing discussed the infrequency of the district attorney's office seeking the death penalty, stated personal opinion concerning the defendant's chance for rehabilitation, and commented that a life sentence would put a burden on the taxpayers. [16] The State utilized a model or drawing of the town of Sidon for use by the witnesses to illustrate their testimony. [17] Jero | 4 | 1993–1998 |
Rock v. Zinn
green
2 sentences1998In fact in one of the cases cited, Tucker v. Kemp, 762 F.2d 1480 (11th Cir.) vacated on other grounds 474 U.S. 1001 , 106 S.Ct. 517 , 88 L.Ed.2d 452 (1985), the Eleventh Circuit affirmed even though the prosecutor during a capital sentencing hearing discussed the infrequency of the district attorney's office seeking the death penalty, stated personal opinion concerning the defendant's chance for rehabilitation, and commented that a life sentence would put a burden on the taxpayers. [12] The State utilized a model or drawing of the town of Sidon for witnesses to use to illustrate their testimon 1998In fact in one of the cases cited, Tucker v. Kemp, 762 F.2d 1480 (11th Cir.) vacated, 474 U.S. 1001 , 106 S.Ct. 517 , 88 L.Ed.2d 452 (1985), the Eleventh Circuit affirmed even though the prosecutor during a capital sentencing hearing discussed the infrequency of the district attorney's office seeking the death penalty, stated personal opinion concerning the defendant's chance for rehabilitation, and commented that a life sentence would put a burden on the taxpayers. [16] The State utilized a model or drawing of the town of Sidon for use by the witnesses to illustrate their testimony. [17] Jero | 2 | 1998–1998 |
Bender v. Williamsport Area School District
green
2 sentences1998In fact in one of the cases cited, Tucker v. Kemp, 762 F.2d 1480 (11th Cir.) vacated on other grounds 474 U.S. 1001 , 106 S.Ct. 517 , 88 L.Ed.2d 452 (1985), the Eleventh Circuit affirmed even though the prosecutor during a capital sentencing hearing discussed the infrequency of the district attorney's office seeking the death penalty, stated personal opinion concerning the defendant's chance for rehabilitation, and commented that a life sentence would put a burden on the taxpayers. [12] The State utilized a model or drawing of the town of Sidon for witnesses to use to illustrate their testimon 1998In fact in one of the cases cited, Tucker v. Kemp, 762 F.2d 1480 (11th Cir.) vacated, 474 U.S. 1001 , 106 S.Ct. 517 , 88 L.Ed.2d 452 (1985), the Eleventh Circuit affirmed even though the prosecutor during a capital sentencing hearing discussed the infrequency of the district attorney's office seeking the death penalty, stated personal opinion concerning the defendant's chance for rehabilitation, and commented that a life sentence would put a burden on the taxpayers. [16] The State utilized a model or drawing of the town of Sidon for use by the witnesses to illustrate their testimony. [17] Jero | 2 | 1998–1998 |
Enmund v. Florida
green
2 sentences1998In fact in one of the cases cited, Tucker v. Kemp, 762 F.2d 1480 (11th Cir.) vacated, 474 U.S. 1001 , 106 S.Ct. 517 , 88 L.Ed.2d 452 (1985), the Eleventh Circuit affirmed even though the prosecutor during a capital sentencing hearing discussed the infrequency of the district attorney's office seeking the death penalty, stated personal opinion concerning the defendant's chance for rehabilitation, and commented that a life sentence would put a burden on the taxpayers. [16] The State utilized a model or drawing of the town of Sidon for use by the witnesses to illustrate their testimony. [17] Jero 1998In fact in one of the cases cited, Tucker v. Kemp, 762 F.2d 1480 (11th Cir.) vacated, 474 U.S. 1001 , 106 S.Ct. 517 , 88 L.Ed.2d 452 (1985), the Eleventh Circuit affirmed even though the prosecutor during a capital sentencing hearing discussed the infrequency of the district attorney's office seeking the death penalty, stated personal opinion concerning the defendant's chance for rehabilitation, and commented that a life sentence would put a burden on the taxpayers. [16] The State utilized a model or drawing of the town of Sidon for use by the witnesses to illustrate their testimony. [17] Jero | 1 | 1998–1998 |
Turner v. State
green
1 sentence1998See Mackbee v. State, 575 So.2d 16 (Miss.1990); Turner v. State, 573 So.2d 657 (Miss.1990). | 1 | 1998–1998 |
Strickland v. Washington
green
2 sentences1986In discussing errors claimed to have occurred during the sentencing phase, the Eleventh Circuit wrote in Mitchell v. Kemp, supra , the following: In any event, errors by counsel at a capital sentencing hearing require reversal of the sentence only if "there is a reasonable probability that, absent the errors, the sentencer including an appellate court, to the extent it independently reweighs the evidence would have concluded that the balance of aggravating and mitigating circumstances did not warrant death." 466 U.S. at ___ , 104 S.Ct. at 2069, 80 L.Ed.2d at 698 . 762 F.2d at 889 . 1986In discussing errors claimed to have occurred during the sentencing phase, the Eleventh Circuit wrote in Mitchell v. Kemp, supra , the following: In any event, errors by counsel at a capital sentencing hearing require reversal of the sentence only if "there is a reasonable probability that, absent the errors, the sentencer including an appellate court, to the extent it independently reweighs the evidence would have concluded that the balance of aggravating and mitigating circumstances did not warrant death." 466 U.S. at ___ , 104 S.Ct. at 2069, 80 L.Ed.2d at 698 . 762 F.2d at 889 . | 1 | 1986–1986 |
William \Billy\" Mitchell v. Ralph Kemp
green
1 sentence1986In discussing errors claimed to have occurred during the sentencing phase, the Eleventh Circuit wrote in Mitchell v. Kemp, supra , the following: In any event, errors by counsel at a capital sentencing hearing require reversal of the sentence only if "there is a reasonable probability that, absent the errors, the sentencer including an appellate court, to the extent it independently reweighs the evidence would have concluded that the balance of aggravating and mitigating circumstances did not warrant death." 466 U.S. at ___ , 104 S.Ct. at 2069, 80 L.Ed.2d at 698 . 762 F.2d at 889 . | 1 | 1986–1986 |
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.
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.