12 Mississippi opinions name it 2 courts 1988–2013 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 |
|---|---|---|
Turner v. Stategreen2 sentences1996The last issue is whether this defendant was entitled to have an habitual offender hearing prior to his sentencing hearing under Turner v. State, 573 So.2d 657 (Miss. 1990). 1996The majority holds that the lower court committed reversible error when it did not conduct an habitual offender hearing prior to sentencing, relying on Turner v. State, 573 So.2d 657 (Miss. 1990), cert. denied, 500 U.S. 910 , 111 S.Ct. 1695 , 114 L.Ed.2d 89 (1991), and a series of subsequent decisions, for support of this position. | 2 | 3 |
Middleton v. Stategreen2 sentences2013Kurt Middleton claimed that classifying him as a habitual offender was error since “he was only sentenced to prison for one of the two crimes used to determine his habitual-offender status.” Id. at 164 (¶ 11). 2013The sentence for his second conviction, which was from Wisconsin, was “withheld,” and Middleton was placed on probation for five years “in the custody and control of the Wisconsin Department of Health and Social Services.” Id. | 1 | 1 |
Holloway v. Stategreen1 sentence2011Id. at 820 (¶ 10). | 1 | 1 |
Hewlett v. Stategreen2 sentences1994Hewlett v. State, 607 So. 2d 1097, 1105 (Miss. 1992) (citation omitted); see also Phillips v. State, 421 So. 2d 476, 481 (Miss. 1982) (at a habitual offender hearing, the State must show and the trial court must determine that prior conviction records are accurate, that the records meet section 99-19-81 requirements, and that the defendant to be sentenced is in fact the person previously convicted). 1994Hewlett v. State, 607 So. 2d 1097, 1105 (Miss. 1992) (citation omitted); see also Phillips v. State, 421 So. 2d 476, 481 (Miss. 1982) (at a habitual offender hearing, the State must show and the trial court must determine that prior conviction records are accurate, that the records meet section 99-19-81 requirements, and that the defendant to be sentenced is in fact the person previously convicted). | 1 | 1 |
Phillips v. Stategreen2 sentences1994Hewlett v. State, 607 So. 2d 1097, 1105 (Miss. 1992) (citation omitted); see also Phillips v. State, 421 So. 2d 476, 481 (Miss. 1982) (at a habitual offender hearing, the State must show and the trial court must determine that prior conviction records are accurate, that the records meet section 99-19-81 requirements, and that the defendant to be sentenced is in fact the person previously convicted). 1994Hewlett v. State, 607 So. 2d 1097, 1105 (Miss. 1992) (citation omitted); see also Phillips v. State, 421 So. 2d 476, 481 (Miss. 1982) (at a habitual offender hearing, the State must show and the trial court must determine that prior conviction records are accurate, that the records meet section 99-19-81 requirements, and that the defendant to be sentenced is in fact the person previously convicted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bandy v. State
green
2 sentences2013Id. at 490 . 2009Id. at 490 . | 2 | 2009–2013 |
Ortega-Rodriguez v. United States
green
2 sentences2004Ortega-Rodriguez, 507 U.S. at 246 , 113 S.Ct. at 1206 . 2004Ortega-Rodriguez, 507 U.S. at 246 , 113 S.Ct. at 1206 . | 2 | 2001–2004 |
Caswell v. Ryan
green
1 sentence1996The majority holds that the lower court committed reversible error when it did not conduct an habitual offender hearing prior to sentencing, relying on Turner v. State, 573 So.2d 657 (Miss. 1990), cert. denied, 500 U.S. 910 , 111 S.Ct. 1695 , 114 L.Ed.2d 89 (1991), and a series of subsequent decisions, for support of this position. | 1 | 1996–1996 |
Manocchio v. Moran
green
1 sentence1996The majority holds that the lower court committed reversible error when it did not conduct an habitual offender hearing prior to sentencing, relying on Turner v. State, 573 So.2d 657 (Miss. 1990), cert. denied, 500 U.S. 910 , 111 S.Ct. 1695 , 114 L.Ed.2d 89 (1991), and a series of subsequent decisions, for support of this position. | 1 | 1996–1996 |
Barnett Banks, Inc. v. Konstand
green
2 sentences1996The majority holds that the lower court committed reversible error when it did not conduct an habitual offender hearing prior to sentencing, relying on Turner v. State, 573 So.2d 657 (Miss. 1990), cert. denied, 500 U.S. 910 , 111 S.Ct. 1695 , 114 L.Ed.2d 89 (1991), and a series of subsequent decisions, for support of this position. 1996The State also argued that Turner should be applied prospectively, rather than retroactively, primarily based on language within the opinion directing the holding on this issue to "future cases." Id. at 675 . | 1 | 1996–1996 |
Keyes v. State
green
2 sentences1995However, in Keyes v. State, 549 So.2d 949 (Miss. 1989), this Court held that a separate habitual offender hearing is not necessary when the defendant enters a guilty plea and his habitual offender status is established at the plea hearing. 1995However, in Keyes v. State, 549 So.2d 949 (Miss. 1989), this Court held that a separate habitual offender hearing is not necessary when the defendant enters a guilty plea and his habitual offender status is established at the plea hearing. | 1 | 1995–1995 |
DeBussi v. State
green
1 sentence1988Id. at 1033 . | 1 | 1988–1988 |
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.