12 Mississippi opinions name it 1 courts 2007–2019 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.
| Case | Followed | Cited |
|---|---|---|
Ealey v. Stategreen2 sentences2019“It is firmly established that mere allegations are insufficient to entitle a defendant to an evidentiary hearing on a post-conviction claim of ineffective assistance of counsel.” Ealey v. State, 967 So. 2d 685, 691 (¶18) (Miss. 2018"It is firmly established that mere allegations are insufficient to entitle a defendant to an evidentiary hearing on a post-conviction claim of ineffective assistance of counsel." Ealey v. State , 967 So.2d 685 , 691 (¶ 18) (Miss. | 8 | 9 |
Gazzier v. Stategreen2 sentences2013“It is firmly established that mere allegations are insufficient to entitle a defendant to an evidentiary hearing on a post-conviction claim of ineffective assistance of counsel.” Ealey v. State, 967 So.2d 685, 691 (¶ 18) (Miss.Ct.App.2007) (citing Gazzier v. State, 744 So.2d 776, 778-79 (¶ 6) (Miss.1999)). 2008"It is firmly established that mere allegations are insufficient to entitle a defendant to an evidentiary hearing on a post-conviction claim of ineffective assistance of counsel." Ealey v. State, 967 So.2d 685, 691 (¶ 18) (Miss.Ct.App.2007) (citing Gazzier v. State, 744 So.2d 776, 778-79 (¶ 6) (Miss.1999)). | 3 | 3 |
Vielee v. Stategreen2 sentences2013See Ealey v. State, 967 So.2d 685, 691 (¶ 18) (Miss.Ct.App.2007) (“It is firmly established that mere allegations are insufficient to entitle a defendant to an evidentiary hearing on a post-conviction claim of ineffective assistance of counsel.”); see also Brooks v. State, 89 So.3d 626, 628 (¶ 6) (Miss.Ct.App.2011) (holding that in PCR cases, “where a party offers only his affidavit, then his ineffective assistance of counsel claim is without merit” (quoting Vielee v. State, 653 So.2d 920, 922 (Miss.1995))). 2008"Post-conviction claims of ineffective assistance are properly dismissed where the defendant offers only his affidavit in support of his allegations." Id. (citing Vielee v. State, 653 So.2d 920, 922 (Miss.1995); Brooks v. State, 573 So.2d 1350, 1354 (Miss.1990)). ¶ 12. | 2 | 2 |
Bell v. Stategreen2 sentences2017A movant must also offer more than his own affidavit or bare assertion in support of his claim for ineffective assistance of counsel; this Court has held that “mere allegations are insufficient to entitle a defendant to an evidentiary hearing on a post[ ]conviction claim of ineffective assistance of counsel.” Id. at (¶¶ 10-11). ¶ 16. 2016“It is firmly established that mere allegations are insufficient to entitle a defendant to an evidentiary hearing on a[PCR] claim of ineffective assistance of counsel.” Bell, 117 So.3d at 664 (¶ 11). | 1 | 2 |
Watts v. Stategreen1 sentence2016In PCR motions, “where a party offers only his affidavit,” then his ineffective-assistance-of-counsel claim “is without merit.” Carson , 161 So,3d at 156 (¶ 3) (citing Watts v. State, 97 So.3d 722, 726 (¶ 12) (Miss.Ct.App.2012)); see also Miss.Code Ann. § 99-39-23(7) (Rev.2015) (PCR movant has the burden to show by a preponderance of the evidence that he is entitled to relief). | 1 | 1 |
Brooks v. Stategreen1 sentence2013See Ealey v. State, 967 So.2d 685, 691 (¶ 18) (Miss.Ct.App.2007) (“It is firmly established that mere allegations are insufficient to entitle a defendant to an evidentiary hearing on a post-conviction claim of ineffective assistance of counsel.”); see also Brooks v. State, 89 So.3d 626, 628 (¶ 6) (Miss.Ct.App.2011) (holding that in PCR cases, “where a party offers only his affidavit, then his ineffective assistance of counsel claim is without merit” (quoting Vielee v. State, 653 So.2d 920, 922 (Miss.1995))). | 1 | 1 |
Brooks v. Stategreen1 sentence2008"Post-conviction claims of ineffective assistance are properly dismissed where the defendant offers only his affidavit in support of his allegations." Id. (citing Vielee v. State, 653 So.2d 920, 922 (Miss.1995); Brooks v. State, 573 So.2d 1350, 1354 (Miss.1990)). ¶ 12. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Robertson v. State
green
1 sentence2007Gazzier, 744 So.2d at 778-79 (¶ 6) (citing Robertson v. State, 669 So.2d 11 (Miss. 1996)). | 1 | 2007–2007 |
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.